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(영문) 인천지방법원부천지원 2014.12.17 2014가단39031
건물명도
Text

1. Of the instant lawsuit, the part of the claim for restitution of the building indicated in the separate sheet shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. On June 16, 2011, the Defendant: (a) operated the instant commercial building owned by the Plaintiff and the instant commercial building owned by the Plaintiff; and (b) agreed to restrict the salesroom occupants of the same type of business, other than the said commercial store; (c) the Defendant established the said commercial store and operated the said store and to bear all the costs of interior construction and collection, etc.

B. In addition, the Defendant leased the instant commercial buildings and 111 from the Plaintiff and B (hereinafter “instant lease agreement”) on the same day, and the main contents of the lease agreement are as follows.

Real Estate Lease Agreement

1. Location of indication of real estate: The whole of subparagraphs 11 and 112 for lease of the D Prize in Seo-gu, Seocheon-gu, Gyeonggi-do;

2. Article 1 of the Terms and Conditions of Contract: Monthly rent of KRW 10,000 (Woo 10,000,000): 12% of the total monthly sales of each month.

(단, 각 월별 총 매출액의 12%가 일금 三百萬원(\3,000,000) 미만인 경우에는 월임대료와 三百萬원과의 차액을 임차인은 임대인에게 추가로 지불한다) 제5조 임대차계약이 종료된 경우 임차인은 위 부동산을 원상으로 회복하여 임대인에게 반환한다.

Article 13 In addition to the above provisions of the Special Agreement, the lessor and the lessee shall determine the following matters as the special agreement, and if the special agreement conflicts with the main sentence, the special agreement shall prevail:

Monthly rent shall be paid to the Bank of Korea by large-scale holding company.

With respect to this contract, the lessor shall delegate the right to the lease agreement to the KCABS.

C. Around that time, the Defendant started business of the instant commercial building and commercial building 111. On November 26, 2012, the Defendant decided to voluntarily commence the auction of the instant commercial building and commercial building 111, and suspended business from around that time.

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