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(영문) 전주지방법원 2014.02.20 2013가단26755

부동산인도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On December 31, 2010, with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), the Plaintiff entered into a lease agreement with the Defendant, setting the following terms as two years from February 1, 2011 to January 31, 201, with respect to the lease deposit of KRW 100,000,000, monthly rent of KRW 250,000 (Additional Tax), and the lease term of KRW 2,50,000,000 (Additional Tax), respectively.

A monthly rent of 2.5 million won (excluding surtax) shall be paid in advance on the first day of each month.

General management expenses shall be 2,200 won per deliberation.

Article 11 (Lease Deposit and Monthly Rent) (2) The lessee shall pay monthly rent to the lessor by the payment date, and in the case of arrears, the lessee shall pay the aggregate of 0.2% overdue charge per day.

Article 13 (Management Expenses and Fees for Use of Facilities) (1) A lessee shall pay each month to a lessor by no later than the fourth day of each month irrespective of the necessity thereof based on the actual expenses falling under any of the following

(4) If the lessee fails to pay the management expenses, etc. by the agreed deadline, the sum of overdue charges equivalent to 0.2% per day shall be paid to the lessor.

(6) When rents and management expenses are overdue for at least two months, appropriate sanctions may be taken, such as termination of a contract, suspension of operation, suspension of business, etc.

Article 21 (Restriction on Assignment of Right of Lease and Sub-lease) (1) A lessee shall not sublet all or part of the leased building to another person without a written consent of a lessor, nor transfer it to another person, pledge, or offer it as security, nor delegate or alter it.

Article 22 (Voluntary Termination of Contract) Where a lessee falls under any of the following subparagraphs, a lessor may terminate the principal contract at will:

(1) Where any prohibition under this contract is violated, (2) the payment of monthly rent or management expenses, etc. shall be made for at least two months.