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(영문) 의정부지방법원 2018.10.12 2016가합52989

소유권이전등기

Text

1. The Defendant (Counterclaim Plaintiff) receives 330,000,000 won from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On April 20, 2010, “F” entered into a lease agreement with respect to G forest 2,172 square meters, H forest 7,361 square meters, 382 square meters prior to J, 101 square meters prior to K, 1,597 square meters prior to K, 1,474 square meters prior to L, and 926 square meters prior to L (the above land was later registered conversion and divided, and the entire before and after it was referred to as “instant land”). The main contents are as follows.

Article 3 The lease period for the land and buildings in this case shall be determined from April 20, 2010 to April 19, 2015, and the extension shall be three years and shall be subject to mutual agreement.

Article 4 No lessor or lessee shall perform any act which causes damage to both parties, such as sub-lease, transfer of right of lease, provision of security, etc. of all or part of the building leased on the ground

(Provided, That if the lessee has violated this contract, the lessor may rescind this contract without any peremptory notice.

In addition, even if the lessor breaches the contract, the lessor terminates the contract and compensates for the breach at the same time.

Article 6 Construction on the land of this case shall be leased to the defendant who is the lessee after the lessor constructed.

A lessee shall bear all development expenses for construction.

Provided, That the construction cost shall be appropriated for the security deposit for lease, and the construction cost shall be agreed upon by both parties.

Article 7 The lessor shall be responsible for the lease deposit.

Article 8 Construction costs are recognized as rental deposit by adding up the amount of the usual price determined by mutual agreement.

Article 9. Construction design and all names currently registered in the name of the lessee shall be changed during the period of change of the name of MC.

Article 10 350 million won and monthly rent of KRW 4 million shall be determined as KRW 350 million.

When implementing the above 7 matters, it shall be recognized as a security deposit.

Rent shall be determined on the 15th day of each month.

The value-added tax is separate. The rent will be applied from January 201. The monthly rent shall be adjusted once every two years by price increase, but shall be adjusted once every two years, except for two years, at the time of renewal after two years.

Article 11. The lessee shall enter into this Agreement.