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(영문) 서울북부지방법원 2018.12.11 2017가단134819
건물명도(인도)
Text

1. The defendant shall receive KRW 60,000,000 from the plaintiff, and at the same time, shall be the real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On November 28, 2015, the Plaintiff entered into a contract with the Defendant to lease real estate listed in the separate sheet (hereinafter “instant real estate”) on the following conditions, which is a bathing facility:

(hereinafter referred to as “instant lease agreement”). - Lease deposit of KRW 150,000,00 (in the event of a contract with KRW 20,000,000,000, an intermediate payment of KRW 80,000,000, the intermediate payment of KRW 80,000 on December 28, 2015; and each payment on February 18, 2016), monthly rent of KRW 4,00,000 (payment after February 18, 201) - From February 18, 2016 to February 18, 2021, the lessee shall recover the instant real estate and return it to the lessor.

(B)

B. The Defendant paid only KRW 40,000 among the intermediate payment on February 20, 2016, the down payment of KRW 20,000,000 on the date of the contract, and has been engaged in bath business in the instant real estate since February 2016.

C. On May 11, 2016 and thereafter three times thereafter, the Defendant prepared a letter of intent to pay KRW 90,000,000, which was unpaid to the Plaintiff, and did not pay it, the Defendant entered into an agreement with the following terms (hereinafter “instant agreement”) on February 6, 2017, and a notary public obtained a letter of intent as to the instant agreement from C General Law Firm, etc. under subparagraph 32 of Article 2017.

1. The Defendant shall pay the Plaintiff the amount of KRW 90,000,000,000,000, which is KRW 150,000,000, which is the lease deposit. If the Defendant fails to implement the said promise, the instant lease agreement is automatically terminated, and the Defendant transfers all rights to the Plaintiff, and voluntarily orders the business establishment.

2. The Defendant automatically terminates the instant lease agreement from January 18, 2017 to March 3 months, and the Defendant transfers all rights to the Plaintiff and voluntarily orders the business establishment.

Nevertheless, the Defendant did not pay the monthly rent after the instant agreement, but did not pay it on July 2017.

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