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(영문) 서울동부지방법원 2020.07.09 2019가합101753

건물명도(인도)

Text

1. The defendant Q Q Co., Ltd. shall pay to the plaintiffs each corresponding amount as stated in the separate sheet No. 2 attached hereto.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”). On March 21, 2018, Plaintiff P as the representative of Defendant RR Co., Ltd. (hereinafter “Defendant R”) with respect to each of the instant real estate, an agreement related to the lease agreement (hereinafter “instant agreement”) with the following terms regarding each of the instant real estate (hereinafter “instant agreement”).

1. Defendant R shall enter into a lease agreement with respect to each of the instant real estates owned by the Plaintiffs.

2. The subject of the lease agreement may attract Defendant RR to the method of establishing a separate juristic person by Defendant RR or Defendant R R separately, and any other enterprise wishing to make a salesroom, and Defendant R and the Plaintiffs shall make a decision by mutual consultation.

3. Defendant R and the Plaintiffs concluded a lease agreement on each of the instant real estates by April 15, 2018.

In addition, after the conclusion of a lease contract, Defendant R may operate the relevant commercial building in the form of direct or sublease, and at this time, the Plaintiffs must consent to the sublease.

4. The major terms and conditions of the lease agreement to be concluded separately between Defendant R and the plaintiffs are as follows.

(1) The term of the contract is fixed between March 1, 2018 and five years, regardless of the date of the conclusion of this lease contract, and may thereafter be entered into an additional five-year contract at the option of Defendant R.

Provided, That in such cases, the rent shall be adjusted by consultation in accordance with the relevant laws and regulations and the social norms.

(2) The leased type of business shall be determined by the decision of the Defendant R, and shall be selected as a type of business that does not undermine public morals.

(3) The rent shall guarantee the terms and conditions of the appointment of the former Indoor Zoo (6 per cent rate).

However, when the company related to the defendant R operates the above commercial building, the deposit shall be maintained as it is, but in addition, if the contract is made, it shall be raised twice as much as the initial lease deposit.

In such cases, monthly.