점포인도 및 약정임료청구의 소
1. On October 21, 2014, the Defendant Counterclaim Co., Ltd. Award amounting to KRW 4,512,000 and the Plaintiff’s counterclaim.
1. Facts of recognition;
A. On November 6, 2012, Nonparty Asian Trust Co., Ltd. completed each registration of initial ownership relating to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
B. On October 2, 2013, the Asia Trust filed a claim against Defendant Awards Co., Ltd. (hereinafter “Defendant Awards”) regarding each of the instant real estate and each of the instant commercial buildings 102, as seen thereafter, the Plaintiff only filed a claim against each of the instant real estate.
The following terms of a lease were entered into:
(1) The lessor shall lease the leased object to the lessee, and the lessee shall use it only as a place for the business of re-sale.
(2) Term of lease: From October 2, 2013 to January 1, 2014.
Provided, That where a lessee requests the termination of a long-term contract before the expiration of the lease term, the lease contract may be terminated under the agreement of the lessor.
(3) The deposit for lease shall be KRW 50 million, and the lessee before entering into a contract shall deposit the deposit for lease into the designated account of the lessor.
Article 7 (Lighting and Restoration to Original State) (2) The defendant shall remove the facilities attached to the defendant, partitions, and other altered facilities at the time of conclusion of the lease contract, and restore them to original state at the time of conclusion of the contract.
(3) If the Defendant is unable to perform his/her obligations to restore the leased object to its original state by the deadline, the lessor may arbitrarily remove the leased object to an appropriate place, irrespective of legal procedures, and restore the leased object to its original state, and the expenses incurred therein shall be borne by the lessee.
C. Defendant Prize paid KRW 50 million to the Asian Trust in accordance with the instant lease agreement, and thereafter, it was unsold apartment in the commercial complex since that time.