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(영문) 부산지방법원동부지원 2016.09.28 2016가단5148

건물명도등

Text

1. The defendant shall be the plaintiff.

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

(b)payment of KRW 2,800,000;

C. Doese 2016

Reasons

1. Basic facts

A. On November 1, 2011, the Plaintiff leased from C the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) in KRW 30,000,000, monthly rent of KRW 400,000, and operated a depository (hereinafter “instant depository”) on the said real estate.

B. On January 30, 2015, the Plaintiff transferred the instant consignment to the Defendant by subleting the instant real estate to the Defendant.

(hereinafter “instant contract”). The content of the contract is as follows:

Article 1 The plaintiff and the defendant shall operate the table of this case in the current state, and take a commitment to sell it with the right of lease, and the defendant shall purchase it.

Article 2 The sale price shall be KRW 15,000,000 for facility costs, and the defendant shall pay to the plaintiff as follows:

1. Payment of KRW 5,00,000 as down payment shall be made, and KRW 5,000,000 out of the balance shall be paid up to January 31, 2016, and any balance of KRW 5,000,000 shall be paid up to January 31, 2017.

2. By January 31, 2017, the Defendant paid KRW 1,200,000 to the Plaintiff’s account by January 31, 2017, and the Plaintiff is responsible for the deposit fee.

3. After full payment of facility expenses, the defendant shall make a lease contract with the owner of the building in cooperation of the plaintiff.

Article 3 – If the defendant becomes a defendant, the plaintiff may cancel the contract immediately.

5,000,000 won of down payment shall not be demanded to the plaintiff.

Upon the cancellation of the defendant, the restoration to the original state shall be made at the request of the plaintiff, and no civil or criminal demand may be made against the plaintiff.

- If the defendant complies with the commitment, the plaintiff must transfer the consignment to the defendant without any conditions.

Article 4 The plaintiff does not participate in all the operation of the depository until all balance is paid, and the defendant shall be fully responsible for the operation of the depository.

Article 5. Electricity charges, water charges, and all other management expenses shall be borne by the defendant.

C. The Defendant paid to the Plaintiff KRW 640,000, monthly rent from November 2015.

The defendant's default of rent.