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(영문) 창원지방법원통영지원 2017.11.29 2017가합10530
토지인도
Text

1. Defendant B, Defendant (Counterclaim Plaintiff C, D, and E are listed in attached Tables 1, 2, 3, and 5 against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 25, 2016, the Plaintiff leased to Defendant B, C, and D the land indicated in [Attachment 1] Nos. 1 and 2 of [Attachment 1] (hereinafter “instant lease”) (hereinafter “instant lease”), and the main contents thereof are as follows.

1. Indication of real estate: Factory site (G), (H), 6,802 square meters at the same time;

2. Use: Miscellaneous towers, sand loading and unloading;

3. The lessee above the lease deposit and monthly rent shall pay the deposit and monthly rent for the immovables to the lessor as follows:

The deposit KRW 100,000,000,000,000,000 is paid to the lessor at the time of the contract, and the intermediate payment is paid on October 20, 200,000,000,000 won, which is paid on October 5, 2016, in the amount of KRW 30,000,000,000,000,000,000 on the fifth day of each month.

4.The following lessors and lessees shall agree:

This lease contract shall continue to exist from October 5, 2016 to October 4, 2018.

The extension of the contract term shall be terminated 60 days prior to the termination of this contract, and both parties shall agree upon in writing.

(b)The lessee in the indication of the above real estate is a rental key for only a part, not a whole.

The vehicle passage and the inner wall contact facilities are used only, and the contact facilities are used jointly by the lessor (the plaintiff) and the public, and the lessor shall notify the lessee of the contact facilities in advance when using the contact facilities in order to prevent any disruptions to the lessee's business.

When the lessee has entered into this contract, he shall pay twice the amount received as the down payment to the lessee, and when the lessee has entered into this contract, the down payment shall be null and void and shall not be claimed to return it.

(c) the leased part of the above “B” is to be attached to the contract by drawing up the leased part of the lessee.

(Amm)

D. The lessee shall, without the consent of the lessor, change or sublease the use, structure, etc. of the above real estate or transfer the right of lease or offer the security.

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