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(영문) 울산지방법원 2017.04.12 2016가합22567
토지인도
Text

1. The Defendants shall deliver to the Plaintiff each real estate indicated in the separate sheet indicating the attached real estate.

2. The Defendants are jointly and severally liable.

Reasons

1. Basic facts

A. On August 30, 2007, the Plaintiff stated that, with respect to the real estate indicated in paragraph (1) of the indication of the attached real estate (hereinafter “instant land”), 50 million won for lease deposit, monthly rent of KRW 5,000,000 for KRW 500,000 for lease period, five years for lease period, and construction of the instant land under the name of the Plaintiff, and that, after the expiration of the lease period, the construction of the instant land under the name of the Plaintiff is ordered to order the Plaintiff to surrender the building constructed on the ground of the instant land. The agreement attached to the instant lease agreement stating that “in leasing the land D in Ulsan Metropolitan City, Ulsan Metropolitan City, the construction permission and construction act shall be in the name of the lessor, and the name of the building (five years after the expiration of the lease period) shall be returned to the lessor.” Provided, That the building shall be up to

The lease contract of this case (hereinafter “instant lease contract”) was concluded.

Upon entering into the instant lease agreement, the Plaintiff and the Defendants entered into a special agreement (hereinafter “instant special agreement”) with the following descriptions:

(B) The instant lease agreement is stipulated as the lessee of Defendant B, but all the Defendants concluded the instant special agreement, which is an agreement incidental to the instant lease agreement. Accordingly, all the Defendants jointly assumed the lessee’s obligations under the instant lease agreement, including the obligation to pay the rent, as the lessee of the instant land.

1. Building permission and construction acts in the lease of land south-gu, Ulsan Metropolitan City D in the name of the lessor, and the building shall be demolished at the lessee's expense after the expiration of the lease period;

2.The lessee shall pay and be liable to the lessee for all the taxes and costs incurred during the lease period for the leased real estate.

3. The lessee is unable to exercise any right on the building and the premium, etc. for the interior interior subjects after the expiration of the lease term, and is re-contracted by an agreement with the lessor.

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