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(영문) 인천지방법원 2015.02.10 2013가합16431

토지인도 등

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) remove each real estate listed in the separate sheet No. 1; and

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet No. 2 (hereinafter “instant land”).

On July 20, 2004, the Plaintiff entered into a lease agreement with the Defendant on the instant land (hereinafter “the first lease agreement”) with respect to the instant land for the purpose of leasing the instant land and constructing a building on the ground and using it for the automobile maintenance business:

Article 2 (Rents, etc.)

1.The rent shall be determined as follows:

The monthly rent of KRW 1,500,000 for the monthly rent of KRW 50,000 shall be paid at the request of the lessor, out of the 20th of each month's domicile of the lessor or the bank account designated by the lessor and the bank account designated by the lessor.

2. If the agreed rent is deemed inappropriate, both parties may request an increase or a decrease in the rent;

3. A lease deposit shall be kept by a lessor without interest, and shall be refunded to the lessee by returning the leased object at the time of termination of the lease and simultaneous performance;

Article 3 (Duration) The duration of the lease shall be six years from the date this contract is concluded.

Provided, That if the lessor has no different status in his/her personal affairs, one year shall be automatically extended.

When a building necessary for a lessee to construct a building on the ground of the leased land under Article 6 (Building) is to be constructed, it may be constructed with the consent of the lessor for the area, purpose of use, etc.

Article 7 (Registration of Ownership) The buildings referred to in the above Article 6 shall be transferred to the lessor in the name of the lessor and shall be restored to its original state after the expiration of the contract.

The expenses for this shall be borne by the lessee.

B. After concluding the first lease contract, the Defendant newly constructed on the ground of the instant land the real estate listed in the attached list No. 1 (hereinafter “instant building”), and completed the registration of ownership preservation in the Plaintiff’s name on August 4, 2005 according to the said lease contract.

C. On July 20, 201, the Plaintiff is a monthly rent with respect to the instant land by renewal of the first lease agreement with the Defendant.