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(영문) 수원지방법원 2016.07.19 2016가합71313
토지인도
Text

1. The defendant shall indicate 1, 2, 3, 4, 5, and 5, among the lands listed in attached list 1 through 4, to the plaintiffs.

Reasons

1. Facts of recognition;

A. On February 5, 2015, the Plaintiffs leased (hereinafter collectively referred to as “instant lease agreement”) the buildings indicated in the attached list Nos. 1, 2, 3, 4, 5, 6, 7, and 5 (hereinafter collectively referred to as “instant real estate”), among the land listed in the attached list Nos. 1 through 4, to the Defendant, with the following content:

(1) Deposit: 210,000,000 won: Provided, That when concluding the instant lease contract, KRW 150,000,000 shall be paid, and 60,000 shall be paid additionally after six months have elapsed from the date of concluding the contract.

② Monthly rent of KRW 22,300,000 (excluding value-added tax, and payment after the 30th day of each month). After the Defendant paid KRW 60,000,000 for additional lease deposit after the lapse of six months from the date of conclusion of the instant lease agreement, the monthly rent shall be KRW 21,10,000.

(3) The term of lease shall be from March 30, 2015 to December 31, 2024.

(4) Where a lessee fails to pay rent for at least two consecutive periods, the lessor may terminate the relevant lease contract.

B. From May 1, 2015, the Defendant did not pay the Plaintiffs rent, and the Defendant did not pay the deposit amount of KRW 60,000,000 to be additionally paid after six months from the date of conclusion of the instant lease agreement.

C. On September 30, 2015, the Plaintiffs sent to the Defendant a certificate of content that the instant lease agreement is terminated on the grounds of two or more occasions of delinquency in rent.

On December 26, 2015, the Defendant terminated the instant lease agreement as of September 30, 2015 to the Plaintiffs.

Where the Defendant fails to conclude a lease contract again by January 30, 2016, the Defendant waives the full amount of the investment in the instant real estate, does not file a civil or criminal complaint (including profit-making expenses) and orders the Plaintiffs to order the instant real estate by January 30, 2016.

Since then, the plaintiffs do not raise an objection even if they control the entrance.

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