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(영문) 대전고등법원 2015.04.13 2014나12230
건물등철거
Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) respectively.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 16, 2008, the Plaintiff entered into a land lease agreement with the Plaintiff and its contents 1) between B and F on March 16, 2008, and the Plaintiff entered into a lease agreement with the Plaintiff with a deposit of KRW 5,000,000, monthly rent of KRW 700,000 (one-year rent of KRW 8,40,000 per month as of the date of each year’s contract, and one-half, each of them will be borne) (hereinafter “instant lease agreement”).

The contract was concluded, and the contents of the main contract are as follows. Gly 943 square meters and H 278 square meters in Seosan-si, Seosan-si (hereinafter “instant land”). Around 310 square meters in size (hereinafter “instant land”).

section 1 (Indication of Leaseed Articles) (1) B (B, F, hereinafter “Lessee”).

(2) The lessee shall rent the said parcel of the leased object in order to use it for the purpose of the lessee’s fireworks and for the purpose of the subdivision sale. (2) The lessee shall establish a vinyl house to make the fireworks; hereinafter the same shall apply) Article 3 (Monthly Rent) (hereinafter the same shall apply) (3) the down payment of KRW 1 million shall be paid at the time of the contract, the intermediate payment of KRW 2 million shall be paid on August 31, 2008, and the balance of KRW 10.4 million shall be paid on May 31, 2008. Article 4 (Lease Contract Terms) ① The lease contract term shall be for five years from April 1, 2008. Provided, That where one-year rent is not paid within two months, the lease contract term shall be automatically terminated for five years, and the lease contract shall be renewed for one year each year, except under special circumstances.

(3) The special reason referred to above shall be in line with generally accepted practices, such as the creation of an apartment complex, the expropriation of the State, etc., and shall be agreed between the parties to the contract. Article 6 (Namedo and Restoration ① If the lease contract is terminated and the rent for one year is not paid within two months, the lessee shall be in accordance with the terms and conditions of the lease.

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