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(영문) 인천지방법원부천지원 2020.12.11 2019가단103937

건물명도(인도)

Text

1. The defendant shall receive KRW 752,232 from the plaintiff and at the same time real estate stated in the separate sheet No. 1 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased each real estate listed in the separate sheet No. 1 (hereinafter referred to as “each of the instant real estate”) from the Plaintiff Co., Ltd., which is an aggregate building E (hereinafter referred to as “instant shopping building”) in Bupyeong-si, Seocheon-si, Seoul, and completed each registration of ownership transfer on March 21, 2018.

Afterward, the Plaintiff entrusted each of the instant real estate to FF corporation, but completed the registration of ownership transfer in the name of the Plaintiff again on May 26, 2014.

Article 4 (Term of Lease)

1. The lease term under this contract shall be ten (10) years from the date when the defendant starts to operate the whole of the leased object.

However, even before the commencement of the lease period, if requested by the defendant, G's agent and the defendant, in consultation with the defendant, shall pay the management fee only and the defendant may commence the test work on the object of lease.

2. The lessor and the defendant shall notify the other party in writing of his opinion as to the renewal of the contract no later than 180 days prior to the expiration of the contract term, and if no notice is given, this contract shall be extended on the same five-year basis

Article 8 (Deposit and Rent)

1. The defendant shall pay G the deposit of KRW 11,00,000,000 as the deposit for lease;

2. The Defendant shall pay G as monthly rent 4% of the amount calculated by dividing the annual actual sales by 12 months, 4.5% of the annual sales by more than 250 billion won, and 4.5% of the annual sales by more than 350 billion won, and 5% of the annual sales by more than 350 billion won (excluding value-added tax), and the payment base date shall be the 10th of the following month after the closing from the date of the business of the Defendant, etc. to the last day of each month.

From the conclusion of this Agreement to December 31, 2009, 4% of the actual sales of the preceding month shall be the monthly rent.

B. The sectional owners of the instant shopping mall delegated all of their authority regarding the instant shopping mall lease contract to G Co., Ltd. (hereinafter “G”), and G delegated all of its authority on October 28, 2008 to the Defendant (Seoul Co., Ltd.) (H prior to the change).