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(영문) 수원지방법원 2017.02.03 2015가합70153
토지 및 건물 인도청구
Text

1. The defendant is the first floor and second floor of the building indicated in paragraph 4 of the same list as the land listed in paragraph 1 of the attached list to the plaintiff A, and the plaintiff.

Reasons

1. Basic facts

A. On January 10, 2013, the Plaintiffs entered into a lease agreement with D, E, etc. on the land specified in Articles 1, 1, 1, 1, and 1, 2013 as deposit KRW 300 million, annual rent KRW 100 million (Advance payment). The Plaintiffs decided to substitute the Plaintiffs’ future payment for the construction of a building necessary for the motor vehicle transaction business on the above land and to use the said building as facilities related to the motor vehicle. Of deposit money, KRW 280,000,000 out of the deposit money was completed for new building.

B. However, contrary to the terms and conditions of the above lease agreement, D et al. did not have funds to build a new automobile-related facility, and thus, D and E newly built a building listed in [Attachment 3 and 4] on the ground of the above land at the expense of the Plaintiffs. Meanwhile, D and E established the Defendant Company for the purpose of automobile sales business.

Accordingly, the Plaintiffs changed the terms and conditions of the former lease agreement on January 10, 2013, which was concluded with D, etc., and concluded a lease agreement again with the Defendant.

Accordingly, on December 2, 2014, Plaintiff A and the Defendant specified the first and second floors of the buildings indicated in paragraph (1) of the attached list and the building indicated in paragraph (4) of the same Table as the land indicated in paragraph (1) of the attached list with the Defendant, as of July 1, 2014 through July 31, 2015, and the rent is paid in advance in KRW 70,000,000 per annum; and the rent is paid in advance on December 2, 2014; KRW 35,00,000,000,000 is agreed to pay in February 2, 2015 under a lease agreement to pay the annual rent after August 1, 2015 to the period from August 31, 2016.

Plaintiff

Bdo on December 2, 2014, the building specified in paragraph (3) of the same list as the land specified in paragraph (2) of the attached Table 2 with the Defendant is leased from July 1, 2014 to July 31, 2015 during the lease period, and the rent of KRW 10 million per annum shall be paid in advance, and the rent of KRW 5 million among them shall be paid in advance on December 2, 2014 and KRW 5 million shall be paid in February 2, 2015, as stipulated in the foregoing special agreement.

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