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(영문) 서울서부지방법원 2019.04.25 2018가합39389
건물명도(인도)
Text

1. The plaintiff, the defendant C Co., Ltd., and the defendant D Co., Ltd. shall list the real estate listed in the attached Table 1, and the attached Table 2.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) concluded a provisional contract on September 30, 2015 with A on the lease of the second or fourth floor of E’s building in Seodaemun-gu Seoul (hereinafter “A”) under the plan to operate a duty-free shop in the building located in Seodaemun-gu Seoul (hereinafter “A”), and Defendant D acquired a license for a duty-free shop from the Korea Customs Service for any reason. In this case, the parties agreed to avoid concluding the contract for any reason.

B. On July 13, 2017, Defendant D and A entered into a lease agreement with A as a contracting entity, and Defendant D agreed to enter into a sublease agreement with the said special purpose corporation.

(4) The lessee shall use the leased object for the purpose of use in the city duty-free shop and duty-free shop related to the leased object (food facilities, beauty entertainment facilities, goods sales facilities, travel and tourism companies, medical treatment, pharmacies, entertainment, etc.).

Article 2 (Term of Lease) (1) The term of lease shall be from the commencement date of calculating the rent of a duty-free shop in the city to the expiration date of ten years.

(3) The lessor and the lessee may extend the ten-year lease period after the expiration of the lease term if they mutually agreed on the terms and conditions of the lease only when they re-acquisition a patent right at the time of the lessee’s relocation, and the extended lease period shall not exceed the period of land occupation from the Korea Rail Network Authority of the lessor.

Provided, That it shall be in accordance with commercial customs and commercial law at the time of an extension contract.

Article 3 (Lease Deposit) A lessee shall deposit a deposit with a lessor at interest free of charge during the lease period, the sum of the deposit for lease deposit (e.g. 10,000,000), as stipulated in the following table:

Article 4 (Rents) (1) of the aggregate of KRW 10 billion on October 31, 2017, the remainder of KRW 9.7 business days after the conclusion of this Agreement within the period of KRW 300 million.

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