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(영문) 대구지방법원 2016.01.14 2014가합10124
건물인도등
Text

1. The defendant shall receive KRW 38,194,438 from the plaintiff and at the same time real estate stated in the attached Table 1 to the plaintiff.

Reasons

1. Basic facts

A. On October 30, 2013, the Plaintiff leased (hereinafter “instant lease agreement”) real estate listed in the separate sheet No. 1 (hereinafter “instant store”) to the Defendant as KRW 150 million in lease deposit, KRW 50 million in rent, KRW 500,00 in rent, KRW 500 in advance on the first day of each month, and the term of the contract from December 1, 2013 to five years (hereinafter “instant lease agreement”).

The Defendant paid the above lease deposit to the Plaintiff, and the Plaintiff delivered the instant store to the Defendant.

B. At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant agreed to exempt the rental fee for seven months (from December 1, 2013 to June 30, 2014) from the date of commencement of the lease agreement, and to pay the exempted rental fee if the Defendant fails to normally open the marina by March 31, 2014 (hereinafter “instant agreement on exemption from the rental fee”); and the Defendant agreed to pay the amount equivalent to twice the relevant rental fee and management fee for the period from the date of termination of the contract to the date of actual specification, separate from the liability to pay the rental fee, management fee, etc. for the period of delay from the date of termination of the contract to the date of actual specification.

(See Article 4 and Article 14 of A Document No. 1). (c)

The Defendant did not open the scheduled marina until the date of the closing of argument in the instant case, and did not pay to the Plaintiff the amount equivalent to the rent or rent under the instant lease agreement once.

In addition, the details of the unpaid management expenses of the building in 2014 are as shown in attached Table 2.

On October 27, 2014, the Plaintiff sent a notice of intention to terminate the instant lease agreement to the Defendant on the grounds of delinquency in rent, and a content-certified mail demanding the delivery of the instant building, and the said content-certified mail sent to the Defendant on November 19, 2014.

E. Meanwhile, on December 4, 2014, the Plaintiff provided corrective devices at the instant store.

[Grounds for recognition] without dispute;

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