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(영문) 부산지방법원 2017.09.07 2016가단315832
건물인도 등
Text

1. 20 million won, monthly rent 10.9 million won, as to the real estate listed in the separate sheet between the Plaintiff and the Defendant B.

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1- 3, by integrating the purport of the entire pleadings.

Article 5 (Adjustment of Deposit, Rent, and Fixed Amount Management Expenses) (1) Deposit, rent, and fixed amount management expenses shall be the same for two years from the commencement date of lease, and the adjustment shall be made in comprehensive consideration of the market conditions, etc. of real estate after the second anniversary from the commencement date of lease.

(2) Even during the term of a lease contract, in any of the following cases, A may adjust the deposit, rent, and fixed amount management expenses in consultation with B:

1. Where taxes and public charges imposed on the leased object or the business of Party A are increased or expected to be increased;

2. Where the expenses incurred in the maintenance and management of the leased object have increased remarkably;

3. Where there is a remarkable change in price increase or other economic conditions; and

4. To pay interest in arrears in addition to the late payment rate of 25 percent per annum and the number of delayed days where the payment of lease deposit, rent and management expenses is delayed, where it is deemed necessary to adjust after consultation with Gap and Eul.

Matters of special agreement

7.B is a condition under which B is directly operated and managed by B, and the contract shall be reversed in the event of the breach.

A. On January 28, 2014, the Plaintiff, who is engaged in the lease business, etc. under the trade name of “D”, entered into a contract with Defendant B to lease the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with a deposit of KRW 200 million, monthly rent of KRW 10 million (excluding value-added tax; hereinafter the same shall apply), monthly fixed management expenses, monthly fixed management expenses, and between March 1, 2014 and February 28, 2019 (hereinafter “instant lease agreement”), and the following is included in the contract:

B. Defendant B paid KRW 200 million to the Plaintiff on February 2014, and received the instant real estate from the Plaintiff, and Defendant B received the instant real estate.

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