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(영문) 춘천지방법원 2018.01.24 2016나52177
건물명도
Text

1. In accordance with the claim of the principal lawsuit added by this court, the Defendant (Counterclaim Plaintiff, Appointed Party) shall be the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On May 201, the Plaintiff and the Defendant drafted the instant agreement with the following content.

Building and Land Use Agreement

1. The Plaintiff, as its owner, shall allow the Defendant to use the instant building on the ground D and F (each of the above lands was subject to registration conversion into E and G on December 21, 2012; hereinafter collectively referred to as “instant land”) for five years after the completion of the building, and for five years, the amount of the property tax imposed by the Defendant on the said land and building shall be borne by the Defendant as the rent.

2. After using the building for the above five years, the Defendant, unless otherwise agreed with the Plaintiff on the use of the building, shall immediately express and withdraw the building to the Plaintiff.

3. When a person other than the defendant registers as a business for the use of a building after completion of the building, the building user shall cooperate with the plaintiff after entering into an agreement with the plaintiff on the same content as this agreement.

4. If the Plaintiff and the Defendant did not have any separate agreement on the use of the building, and did not order the building, then the Defendant and the users of the building shall jointly and severally pay a penalty not exceeding one million won per day.

B. On November 14, 2012, the Plaintiff and the Defendant’s son A entered into a lease agreement (hereinafter “instant lease agreement”) with the following terms, and the Defendant and the Appointor C jointly and severally guaranteed the Appointed’s obligation.

The location of the building lease contract: All the deposit money for the facilities, such as buildings and landscaping: The rent of a million won: the one million won per day shall be paid on the last day of each month.

Article 1 The term of lease shall be from December 1, 2012 to October 30, 2017.

Article 4 If the lease contract term expires, the lessee shall deliver all of the facilities for business, such as the above buildings and landscape trees, ductss, heating apparatus, and office fixtures, to the lessor as they are, and the lessor shall refund the rental deposit to the lessee.

Special terms: the lessee and the lessee.

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