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(영문) 대전지방법원홍성지원 2020.07.16 2019가합30652
건물명도(인도)
Text

1. The Defendants deliver buildings listed in the separate sheet No. 1 to the Plaintiffs.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. Plaintiff B (E (hereinafter “E”) on November 25, 2013, including the preparation of a lease agreement between Plaintiff E and Defendant C on November 25, 2013)

(1) On behalf of Defendant C, the building listed in the annexed Table 1 (hereinafter referred to as “instant building”) newly constructed on the ground of the land F in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for which the Plaintiffs own 1/2 shares.

(C) The term of the lease of 15 million won per month (excluding value-added tax, payment on the last day of each month) and the term of the lease from March 1, 2014 to February 29, 2019 (hereinafter “instant lease agreement”).

2) Upon entering into the instant lease agreement, E and Defendant C agreed to the effect that the instant lease agreement may be terminated if there is a “not less than two years of delay in rent.”

B. On August 26, 2014, Plaintiff B completed the construction of the instant building and completed the registration of initial ownership thereof on or around August 19, 2014. On or around February 27, 2015, Plaintiff A completed the registration of the right to claim ownership transfer on the instant building in a manner externally indicating that Plaintiff A has the right to the instant building. (2) Plaintiffs and Defendant C drafted an agreement to adjust the legal relationship under the instant lease agreement around August 26, 2014, immediately after the registration of initial ownership transfer was completed, and Defendant D signed and sealed the said agreement in the capacity of the general manager.

Of the terms of this Agreement, the detailed method of repayment (excluding value-added tax) - From September 2014 to February 2015: The payment of KRW 7 million per month shall be made from March 2015 to May 2015 - The remainder of KRW 78 million out of the six-month rent from September 2014 to February 2015 (i.e., the amount of KRW 13 million per month x six months) 50% of the total of KRW 90 million and KRW 60 million from March 2015 to May 2015, and the payment of KRW 30 million per month shall be made equally;

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