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(영문) 의정부지방법원 2014.07.02 2014가단1911
건물명도
Text

1. The Defendant shall deliver the 8th floor of 911.92 square meters among the buildings listed in the attached list to the Plaintiff.

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

Reasons

1. Facts of recognition;

A. On August 20, 2013, the Plaintiff and the Defendant entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 6,000,000, and the period from October 1, 2013 to September 31, 2015 (hereinafter “instant lease agreement”).

The Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) jointly manage the instant commercial buildings, and enter into the following contracts to jointly distribute profits, excluding rents and all public funds:

Article 2. A’s major investment obligation provides funds of KRW 90,00,000 necessary for the management of the commercial building of this case, and the expenses to be added above the above amount shall be borne jointly with B after October 1, 2013.

Article 3 Section B as a lease contract for the facilities provided for business as of the present assets of Section B, the co-investment amount of the commercial building in this case shall be replaced by the deposit amount of KRW 50,000,000, and all those necessary for its operation shall be purchased.

Article 4 (Management Obligations of B) A shall be a business manager who operates the commercial building of this case, shall manage the commercial building of this case well without loss, and shall faithfully perform all obligations to A.

Article 5 (Duty to Apportionment Profits) Dividend on the commercial building of this case shall be 40% and 60%.

Article 10 (Lump Sum Transactions and Management) A shall conduct online transactions of all money, such as monthly rents, taxes and public charges, material costs, personnel expenses, dividends, food materials, and any other money transactions.

Article 11 (Right of Termination) A shall notify B of the following reasons, and terminate a commercial building lease agreement and a partnership agreement:

1. Where he/she has committed an act in violation of each of the provisions of the Agreement on the Trade in this case;

2. If there is an act in violation of each provision of the lease agreement in this case from Eul.

3. When termination of Article XIII is made in violation of transparency.

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