logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.09.06 2017나25499
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. Madoman Pream Co., Ltd. (hereinafter “Defendant”), Madoman Pream Co., Ltd., Ltd. (hereinafter “B”), merged the name of the Co., Ltd., on January 21, 2014, changed to Madou Pream Co., Ltd. on January 8, 2016, and merged with the Defendant on July 4, 2016; hereinafter “Defendant”) on April 22, 2013, the joint Defendant B Co., Ltd. of the first instance trial (hereinafter “Co., Ltd.”) concluded a lease agreement with the remainder (hereinafter “instant shopping mall”), excluding eight parts on the ground of 3,015 square meters, among the 4th and 8th floor buildings on the ground, and the remainder of 28 units of the building on the ground were owned by B, and the remainder of the lease agreement remains at a fixed rate of 4 billion won to 130 billion won, and the lease agreement with each of the following 1301.213 through 18.201.

Article 4 (Term of Lease)

2. Even before the date of commencement of lease after the conclusion of this contract, the Defendant may undertake prior business activities for the interior works for the leased object and for the commencement of the main business.

3. “Prior business activities” under the proviso to the preceding paragraph means all activities that the Defendant, prior to the commencement date of lease, produces actual sales by conducting business activities on leased objects, and the period of prior business activities shall be at least three months;

Article 5(B Preliminary Preparation Matters)

1. B shall receive all the powers and obligations with respect to the conclusion of this Agreement as lessors from 28 persons who own 28 units, as shown in attached Form 2, and where damage occurs to the Defendant due to the failure to receive the consent, B shall bear, without good cause, all the amount of damage and legal responsibilities calculated in consultation between B and the Defendant.

B. Thereafter, B is in the shopping mall of this case in accordance with Article 5 of the First Lease Contract on May 16, 2013.

arrow