(영문) 전주지방법원 2016.09.07 2014가단37462

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(영문) 전주지방법원 2016.09.07 2014가단37462

근저당권설정등기말소

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1. The defendant receives KRW 62,409,010 from the plaintiff (Appointed Party) and simultaneously receives it from the plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into the instant lease agreement with the Defendant on September 10, 2013, as indicated in attached Table 1 (hereinafter “instant building”).

2) Of the part of the first floor golf practice range (hereinafter “instant screen golf course”)

) A lease agreement under the terms and conditions that the lease deposit shall be KRW 100 million, KRW 2.5 million per month, and the term of the lease shall be from September 23, 2013 to September 22, 2014 (hereinafter “instant lease agreement”).

A) Around that time, the Defendant paid KRW 80 million out of the lease deposit to the Plaintiff, and thereafter used the facilities installed in the screen golf course of this case as they are and operated a screen golf course. (2) At the time of the conclusion of the instant lease contract, the lease agreement (No. 2, hereinafter “instant lease agreement”) prepared by the Plaintiff is indicated as follows:

The security deposit of KRW 100 million is paid and received at the time of the contract. The intermediate payment of KRW 70 million is paid on September 23, 2013, and the remainder KRW 20 million is paid on March 23, 2014.

The rent of KRW 2.5 million shall be paid on the 23th of each month.

Matters of special agreement

1. The lessor and the lessee are in transfer key as they are in the current state;

2. The lessor refers to the provision of documents necessary for the creation of chonsegwon and chonsegwon on the date of intermediate payment;

Provided, That the establishment of chonsegwon shall provide a joint security for the Jinjin-gu E, F and buildings in the Jeonjin-gu Seoul Metropolitan City.

3. The lessor shall be fully liable upon occurrence of a change in rights (provisional seizure, provisional registration, collateral security, etc.) from the time of the contract to the date of the balance.

4.In respect of other facilities and equipment, the transfer key shall be referred to in the annexed sheet.

5. A lessee shall include one floor (such as golf screen, etc.) among the land at which the object to be leased from the lessor and the ground buildings thereof;

6. A lessor shall pay in full all taxes and public charges up to the date of intermediate payment and take over them;

7. During operations.

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