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1. The Defendant’s judgment against the Plaintiff (Appointeds) and the appointed parties in attached Form 2’s “the unpaid rent table by the appointed parties”.
Reasons
1. Basic facts
A. Sung Chang Fend Co., Ltd. (hereinafter “Ssung Chang Fend”) converted the third floor to D’D’s hotel (hereinafter “instant hotel”)’s 17th floor above the ground of the building in Jung-gu Seoul Special Metropolitan City, and sold 619 guest rooms from 4 to 17th floor above the ground to the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs, etc.”).
Plaintiff
In 2014 and 2015, when entering into a sales contract with Sung Chang Chang-dydi, etc., they agreed to enter into a lease contract with the hotel asset management company designated by Sung Chang-dydi, at the same time as the sales contract was entered into.
(Article 4) Each contract for sale in lots.
Plaintiff
In accordance with Article 4 of the above sales contract, the defendant and the plaintiff et al., designated by Sung Chang-dydi pursuant to the above sales contract entered into a lease contract for each hotel of this case.
(hereinafter “each of the instant lease agreements”). The contents of each of the instant lease agreements are as follows.
2. The lease term shall be ten years from the date of approval for the use of or profit from the above real estate for the purpose of lease, and the lease term shall be ten years from the date of completion of the approval for the use of the hotel (one month from the date of completion of the construction, excluding the date of approval for temporary use; hereinafter “the lease commencement date”).
3. In the lease contract for the real estate above rent, the lessee shall pay the rent as follows:
(1) The rent shall be paid annual fixed annual rent of 7% per annum on the basis of the total sale price (excluding value-added tax) for ten-year lease period (Provided, That 4% per annum shall be paid for the first three months after the date of lease commencement, and 7% shall be paid for the remainder nine months).
(2) The annual rent under paragraph (1) shall be paid in 12-month installments, and the first monthly rent shall be on the last day of the month following the month in which the date of commencement of the lease belongs and on Sundays.