beta
(영문) 부산지방법원동부지원 2019.01.24 2018가합101450

건물명도(인도)

Text

1. Defendant B: The Plaintiff

(a) deliver each real estate listed in the separate sheet;

(b) KRW 7,146,114 and December 1, 2018

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement 1) each of the real estates listed in the separate sheet (each of the above real estates was operated as a whole, and hereinafter referred to as “instant real estate”).

On May 18, 2016, the owner of the instant real estate entered into a lease agreement with Defendant C on the following major terms: Deposit for the instant real estate: KRW 600,00,000 in monthly rent of KRW 600: 27,000 (excluding value-added tax, and subsequent payment): the lease period of KRW 27,00,000 (excluding value-added tax), the special agreement between July 30, 2016 and July 30, 2018: 1) the lessor and the lessee will each benefit from the business commencement date except all expenses.

2) After January 26, 2017, the Plaintiff drafted a new lease agreement with Defendant B, who is the wife of Defendant C, as follows. The rent of the instant real estate is stipulated in the real estate lease agreement as follows: “The Plaintiff and Defendant B would bring half of the sales amount of the instant real estate from the commencement date of the franchise business regardless of the number of rent as specified in the contract, to the effect that the Plaintiff would bring half of the sales amount of the instant real estate (this is without dispute between the Plaintiff and Defendant B; hereinafter “instant lease agreement” or “instant lease agreement”).

(i) Object of a real estate lease agreement: The lease period of KRW 15,000,000 (excluding value-added tax, and the subsequent payment): The lease period of KRW 15,000,000 (excluding value-added tax): From February 2, 2017 to February 1, 2019: (i) the lessor may install one CCTV additionally to clarify the sales rate for the business.

A lessor shall pay to the lessee KRW 40,000,000 for the purchase and sale of a telecom within one year, and KRW 20,000 for the period of two years, for the lessee.

Provided, That for six months, business shall be guaranteed.