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(영문) 의정부지방법원 2018.06.22 2017가합1711
건물인도 등
Text

Defendant B and C jointly deliver to the Plaintiff the corporeal movables listed in the attached Table C list, and KRW 101,904,297.

Reasons

1. Basic facts

A. The Plaintiff is a 1/2 equity right holder of the five-story building E (hereinafter “instant building”) in Dongducheon-si.

The fifth floor of the instant building has a health room, and the sixth floor has a swimming pool, a swimming pool, and a swimming pool for the users of the fifth floor and the fifth floor health room operated by the Plaintiff.

B. On November 30, 2015, the Plaintiff initially operated a fitness on the fifth floor of the instant building, and concluded a lease agreement to lease it to Defendant B and C (hereinafter “instant lease agreement”).

The main contents of the relevant lease agreement are as follows:

At the time of the conclusion of the instant lease agreement, the lessee succeeds to the existing health care center members, but upon the termination of the instant lease agreement, the lessor will succeed to the lessee’s health care center members: 150,000,000 rent and management fee (1) monthly rent from December 15, 2015 to December 18, 2015, the management fee of KRW 15,000,000 (value-Added Tax Separate) (2) shall be paid at actual expenses by the 18th of the following month to the building management office.

(A) (3) Rent shall be paid in cash by the 14th day of each month after the late payment.

The overdue interest rate of 25% per annum shall apply to overdue interest.

The lease period: The lease period: The lease period: the lease period stipulated in the special agreement on the lease of the health care center from December 15, 2015 to December 14, 2017 (24 months): the lease period of the defendant B (the defendant C) shall be borne by 50% for the lessor and the user's private use area, the management fee for the common use area of the lessee (the maintenance and repair of the engine room, the water supply fee, the loss of gender and women, the private house, etc.).

The lessee and the lessor shall bear 50% each of the expenses incurred in relation to personnel expenses for one head of the agency room, three guidance, and two U.S. dollars for the total of six U.S. dollars.

A lessee has the right to dispose of the lessor's existing health care equipment, and the lessee newly installs the health care equipment shall submit the specifications to the lessor at the time of termination of the contract period.

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