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(영문) 수원지방법원 2018.08.16 2017가합15907

건물명도(인도)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 4, 2016, the Plaintiff, as the owner of the building listed in the separate sheet (hereinafter referred to as “instant real estate”), entered into a contract on the monthly rent of commercial buildings (hereinafter referred to as “instant lease contract”) with the Defendant to lease the instant real estate by setting the deposit amount of KRW 100,000,000, monthly rent of KRW 5,000, and the lease period of KRW 5,000,00 from March 9, 2016 to March 8, 2018. On the same day, the Plaintiff entered into an agreement on the instant lease agreement (hereinafter referred to as “instant agreement”) which contains the details of the agreement on the instant lease agreement, and was notarized on March 8, 2016.

B. The main contents of the instant lease agreement and agreement are as follows.

The terms of the instant lease agreement:

1. The lessor shall deal with the maintenance of sewerage, the repair of facilities, the exchange of water, and the repair of fixed facilities necessary for the operation of the cartel;

2. The value-added tax on the rent shall be separately imposed;

3. The calculation of rent shall be the starting date of business.

4. All other matters other than those stipulated under the special agreement shall be subject to notarial acts in the agreement.

Agreements

1. The lease period shall be two years;

2. At present, celhers and buildings are being traded, and, if traded, an order shall be given within three months after notification irrespective of the remaining term of lease;

Provided, That in the case of sale within one year, the lessor shall pay the lessee the gold-day (10,000,000) with the expenses of directors and the terms of life-sustaining, the lessee shall be appointed to directors without any condition, and the lessee shall pay the gold million won (5,000,000) with the expenses of directors and the terms of life-sustaining if the sale is made within two years from one year to two years, and shall be ordered without any condition within three months from the date of notification without any condition.

3. After entering into a contract, measures necessary for the business of a lessee shall be the responsibility of the lessee, and may not be claimed to the lessor for the repair cost, other necessary cost, and beneficial cost.

4.A later permit for operation of a scenic city shall be treated as a succession to the status of the proprietor who is designated by the lessor, not a discontinuance of business, and shall be considered the circumstances of this building.