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(영문) 의정부지방법원 2018.07.13 2017가합57844
토지인도
Text

1. The Defendants jointly do so to the Plaintiff.

Attached Form

delivery of each real estate listed in the list; or

4,000,000 won.

Reasons

1. Facts of recognition;

A. The Plaintiff, who holds the ownership or right to use each real estate listed in the separate sheet (hereinafter “instant real estate”), was engaged in outdoor swimming pool business with the trade name “D” in the instant real estate.

B. On April 22, 2017, the Plaintiff drafted a lease agreement (hereinafter “instant contract”) that leases the instant real estate to the Defendants (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Lease deposit: KRW 100 million (contract deposit KRW 30 million shall be paid on April 10, 2017, the remainder 70,000, and KRW 000 shall be paid on April 22, 2017): From April 11, 2017 to April 10, 2018, KRW 140 million, and KRW 150 million from April 11, 2018 to April 10, 2019: Provided, That the Plaintiff may cancel the contract with the Defendants under a special agreement that the Defendants may cancel the contract if the Defendants are in arrears on two occasions: (a) the Plaintiff’s investment cost and the amount of the receipts provided by the Defendants to the Plaintiff, etc., and (b) the Defendants’ investment cost and the amount of the receipts provided by the Defendants, etc. shall be deemed to have been agreed by the Defendants.

Special agreement clause 9: The Defendants shall bear the additional tax on various public charges and rents incurred in a facility during the lease period.

C. Around April 2017, the Defendants paid KRW 100 million to the Plaintiff as the lease deposit, and around that time, received the instant real estate from the Plaintiff.

On July 31, 2017, the Defendants paid the Plaintiff the rent of KRW 10 million and did not pay the remainder of KRW 130 million.

E. On October 26, 2017, the Plaintiff sent to the Defendants a content-certified mail indicating the intent to terminate the instant lease agreement on the grounds of the delinquency in rent.

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