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(영문) 서울남부지방법원 2017.04.04 2016가단31996
건물인도
Text

1. The defendant is paid KRW 85,00,000 from the plaintiff and at the same time, among the buildings listed in attached Table 1 to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 27, 2012, the Plaintiff leased the factory building listed in attached Table 1 (hereinafter “instant factory building”) to the Defendant, with a deposit of KRW 70 million, monthly rent of KRW 270,000,000 from April 1, 2012 to April 1, 2014, the deposit amount of KRW 30,000,000,000 for C, monthly rent of KRW 21,000,000 for rent of rent of KRW 2,10,000,000 for rent of KRW 2,000,000 from April 1, 2012 to April 1, 2014, respectively.

B. At the time of concluding each of the above lease agreements, the Plaintiff entered into an additional agreement with C, the Defendant and the Defendant’s seat, by dividing and using the inside of the land and the instant factory building according to the ratio of the area agreed upon before the above contract, after visiting the site, and at the intervals of three months from the due date when the lessee leaves.

C. From the Plaintiff, the Defendant received delivery of the building indicated in paragraph (1) of this case on board 189.5 square meters (hereinafter “Defendant’s leased part”) and the building indicated in paragraph (2) of the attached Table (hereinafter “each of the instant buildings,” including the leased parts of the Defendant and the building indicated in paragraph (2) of the attached Table of the attached Table, from among the 367.97 square meters of the instant factory building, and used it as a glass factory and its office. C received delivery of the remainder of the above factory building and operated its factory.

On March 30, 2014, the Plaintiff concluded a lease contract with Defendant and security deposit amounting to KRW 85 million, KRW 2.8 million per month, and KRW 2.8 million per month, and concluded a lease contract with the term of lease extended from April 1, 2016 to March 31, 2016 (hereinafter “instant lease contract”), and entered into a lease contract with C even with the term of lease extended to two years.

E. Meanwhile, in January 2016, C notified the Plaintiff of the refusal to renew the lease agreement, and pursuant to the above additional agreement, C transferred the C leased portion to the Plaintiff on June 30, 2016, which was three months from March 31, 2016, the expiration date of the said lease agreement.

[Grounds for recognition] A. 2.

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