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Reasons
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(영문) 서울중앙지방법원 2016.05.17 2014가합581160
토지인도
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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver each real estate listed in the separate sheet No. 1;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On November 13, 2007, the Plaintiff entered into a lease agreement with the Defendant, B, and B, and the Plaintiff and six other persons into a joint ownership agreement (hereinafter “instant real estate”).

(2) From November 13, 2007 to November 12, 2009, the term of lease was set at two years, lease deposit KRW 22,00,000,000 per annum, and each contract was concluded to lease to the Defendant (hereinafter “instant lease agreement”).

A) The main contents of the instant lease agreement are as follows. The term of this agreement is from November 13, 2007 to November 12, 2009 (24 months) from November 13, 2007. The term of the contract may be extended by one year, except in extenuating circumstances. Article 3 (Deposit Deposit and Rent (Deposit Deposit shall be KRW 22,00,000 for Rental Deposit and Rent Deposit shall be KRW 22,00,000 for Rental Deposit and Rental Deposit shall be paid at the time of concluding the contract.

(2) Rent shall be 22,00,000 won per annum, and it shall be paid in a lump sum each year.

3. An advance payment of a year shall be made not later than 30. and no business shall be operated before the rent is made.

Article 5 (Prohibited Conducts by Defendant) The Defendant shall not commit the following acts:

(1) An act of using the object of lease for any purpose other than the business of a fishing place.

1. Where the defendant commits an act in violation of Article 5 or changes the current state of leased real estate without consent of the lessor;

2. Where the Defendant received notification of unlawful correction from the relevant administrative agency while doing business without obtaining permission, the Defendant paid a lease deposit of KRW 22 million to the Plaintiff on November 14, 2007, and the instant real estate was delivered to the Plaintiff on July 12, 2010.

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