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(영문) 대전지방법원 2017.12.14 2017가단208987
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

Facts of recognition

The Plaintiff is the owner of the third real estate listed in the separate sheet (hereinafter referred to as the “instant building”) and the real estate listed in the separate sheet No. 1, 2, and 4 in the attached sheet (hereinafter referred to as the “instant land”; hereinafter referred to as the “instant real estate” in total of the above buildings and each land.

On September 30, 2014, the Plaintiff and Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with a deposit of KRW 20 million (a balance of KRW 2 million and KRW 18 million), monthly rent of KRW 2 million as follows (hereinafter “instant lease agreement”).

Article 1 (Duration) A lessor shall deliver the said real estate to the lessee by December 31, 2014 in a condition that it can be used for the purpose of lease, and the term of lease shall be from the date of delivery to December 31, 2019 (60 months).

Article 4 (Termination of Contract) If the annual average amount of rent of a lessee falls short of two terms of rent, or if a lessee violates Article 3, the lessor may terminate the contract without delay.

All structures installed by the lessee after the expiration of the contract period shall revert to the lessor and be notarized.

The name of the building shall be extended in the name of the lessor if deemed necessary by the lessee.

The monthly rent of one million won during the term of the contract, and the second year shall be KRW 1.5 million between the monthly rent and KRW 1.5 million from the monthly rent, and the third year shall be KRW 2 million from the normal monthly rent.

If the land has become aware of the sale, the commercial lease shall be extended again, and the rent shall be agreed in accordance with the market price.

Defendant B leased the instant real estate for the purpose of opening a restaurant, and the instant building, which is part of the instant lease agreement, was cement brick built around 1986 and for which 30 years have elapsed since it was constructed, and its size was 58.5 square meters.

At the time of entering into the instant lease agreement, the Plaintiff and Defendant B entered into a new building at the lessee’s expense, and agreed to secure a parking lot site by performing civil construction works on the instant land, and the name of the newly constructed building, such as the instant lease agreement agreement.

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