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(영문) 서울중앙지방법원 2017.04.21 2016가합515518
토지인도
Text

1. Of the instant lawsuit, the part of the claim for land delivery and the claim for rent payment shall be dismissed.

2. The defendant shall attach attached Form to the plaintiffs.

Reasons

Basic Facts

Around October 2014, the Plaintiffs, who owned the instant land, were determined and leased as KRW 100,000 (including value-added tax, KRW 14,30,000 (including value-added tax, and payment on October 10, 2016) to the Defendant during the lease period from October 10, 2014 to October 9, 2016.

(hereinafter “instant lease agreement.” The Plaintiffs and the Defendant newly constructed a building on the instant land in the name of the Plaintiffs, and owned it by the Plaintiff, but the said building was also leased and used during the lease period from the Plaintiffs.

The main contents of the instant lease agreement are as follows.

Article 2 (Rent) (2) When the defendant fails to pay a monthly rent to the plaintiffs by the date set forth in paragraph (1), the defendant shall pay the monthly rent in arrears plus the overdue charge of 16% per annum.

(6) Where the Defendant has delayed the payment of rent for at least three months despite the payment of rent under paragraph (1), the Plaintiffs may take measures to suspend the termination, cancellation, etc. of the contract without the prior peremptory notice, and the Defendant shall not raise any objection thereto.

Article 4 (Removal and Restoration of Facilities) (2) The defendant shall restore the facilities to its original state after the lease contract expires.

Provided, That if the plaintiffs written consent, it may not be restored to their original state.

Article 7 (Use and Type of Business) (2) The defendant shall obtain permission for the object of lease from the permission-granting authority, permission and conduct business at the defendant's responsibility and expense.

When this contract is terminated due to the expiration of the term of lease, termination or rescission of the contract, or other reasons, the defendant shall, without delay, order the plaintiffs to explain the leased object.

1. When the term of lease expires, or when this contract is terminated or terminated, the defendant's expenses shall be borne by the defendant within seven days from the expiration date of this contract.

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