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(영문) 수원지방법원평택지원 2016.12.01 2016가합9454
건물명도
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. On November 26, 2012, the Plaintiff, a co-owner of the Gangwon-do Crossing-gun C, D, E land (hereinafter “instant land”) and real estate listed in the attached table on the above land (hereinafter “instant building”) entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the deposit period as KRW 50,000,00 with regard to each of the instant real estate as KRW 50,000, and the lease period as from December 31, 2012 to December 31, 2017; and the rent as KRW 3,50,000 per month; and the lease agreement (hereinafter “instant lease agreement”) was entered into between the Defendant and the following:

(Then, the following special agreement was made on November 26, 2012, stating that the names of the other co-owners, such as F, G, and H, are included, and the list of land is not attached, but the following sub-paragraph (c) of the following special agreement was written:

1. A contract under C, D, E (ware site and factory site) and a protocol of compromise shall be attached.

C’s 1st floor further storage

(b)except D or E factory buildings;

(c) to use part of C as the office of the lessor;

4. In addition to rent, value-added taxes are separate.

5.In the event that monthly rent is in arrears not less than twice, the lessor may terminate the present contract without a peremptory notice, and the lessee shall pay an additional 24 per cent per annum on the overdue charge.

Reconciliation Clause

3. The applicant (referring to the plaintiff) and the respondent (referring to the defendant) shall be the applicant's active co-operation key to be used as facilities that conform to the purpose of the use of the leased object.

Provided, That if it is necessary to install facilities, etc. (camping places, weekend farms, and various sports facilities), the lessor shall actively cooperate in the use with the consent of the relevant administrative agency, and the lessee shall bear the expenses.

List

1. 1,732 square meters prior to I of the Gangseo-gun;

2. 2,172 square meters of a warehouse site, storage, excluding drying rooms, and 1st floor.

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