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(영문) 서울고등법원 2017.05.23 2016나2054542
건물명도등
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiffs completed the registration of the establishment of each share ownership transfer with respect to the respective real estate listed in the attached Forms 1 and 2 (hereinafter referred to as “601” and “701” for the buildings listed in the attached Forms 1 and 2 for the purpose of cultural and assembly facilities (public performance halls), and with respect to the Suwon District Court’s Sungnam Branch Branch (hereinafter referred to as “instant building”) on September 4, 2013 as the date of sale and purchase under the attached Forms 1 and 2 for the purpose of the cultural and assembly facilities (public performance halls), and the registration of the establishment of each share ownership transfer with respect to the respective share of 1/20 shares.

B. On January 11, 2014, the Defendant remitted each of the KRW 50 million under the name of “Songnam Deposit” and KRW 15 million under the name of “Songnam Rent” to Plaintiff A (National Bank D) account.

C. On January 16, 2014, the Plaintiffs concluded a lease agreement with the Defendant on the instant building (hereinafter “instant lease agreement”) with respect to the following terms:

Article 1 (Deposit and Time for Payment): (1) Lease deposit: KRW 150 million. (2) Lease deposit KRW 150 million shall be paid on January 16, 2014.

Article 2 (Monthly Tax) (1) The defendant shall pay the monthly rent of KRW 15 million (excluding value-added tax) in the late payment on the 15th of each month.

The first payment date after a lease contract shall be February 15, 2014.

Article 4 (Delivery, Lease Period, etc. of Real Estate) The Plaintiffs shall deliver the leased real estate to the Defendant on January 16, 2014 at the time this lease contract was concluded, and the lease period shall be five years from the date of delivery, until January 15, 2019, which is five years from the date of delivery.

Article 5 (Designation of Types of Business) (1) The defendant shall use leased real estate for the purposes of auxiliary facilities, such as call text and restaurants, cafeterias, stores, etc. necessary for the operation thereof, and shall not use the leased real estate for any other purposes.

Article 7 (Termination of Contracts, Compensation for Damages, etc.) (1) When the defendant delays the payment of Article 2 (Monthly Tax) on more than three occasions (limited to the case of continuous arrears without any further delay), the present lease agreement shall be terminated immediately without any separate notice, and the defendant shall, without any separate condition, pay the plaintiffs the leased real estate.

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