(영문) 서울중앙지방법원 2019.04.10 2018가합558717

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(영문) 서울중앙지방법원 2019.04.10 2018가합558717

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On July 25, 2017, A Co., Ltd. (hereinafter “A”) entered into a lease agreement with the Defendant to lease real estate listed in the separate sheet owned by A (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

Article 2 (Term of Lease) (1) The term of lease shall be from the commencement date of calculating the rent of a duty-free shop in the city to the expiration date of ten years.

Article 3 (Lease Deposit) The lessee shall deposit ten billion won with the lessor as the lease deposit at no interest rate during the lease period, as specified in the following table:

Article 4 (Rent) (1) of the monthly rent of KRW 33,400,000 (Additional Tax Map) (2) the monthly rent of KRW 4,000,000 (Additional Tax Table) for the first year rent of KRW 1 year: (i) the time of payment of KRW 4,000,000 (Additional Tax Table) for the remainder of KRW 9.7 billion within 7 business days after the conclusion of this Agreement: The date of commencement of the monthly rent of the lessee shall be the date of actual commencement of business of the lessee or lessee, but shall not be later than January 1, 2018.

Even if the lessee or the sub-lessee fails to commence the actual business until January 1, 2018, the rent shall be calculated on January 1, 2018.

(1) The lessor may order the lessee to use the leased object within three weeks after the lessee pays in full the deposit.

Where unavoidable delay in delivery of leased object occurs due to the change of related Acts and subordinate statutes, natural disasters, etc. other than the lessor's liability, the lessee shall be notified of the reason in advance, and in such cases, the lessor shall not be liable

Article 7 (1) (1) A lessee may not transfer the right of lease to a third party on the leased object without the consent of the lessor.

(ii).

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