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(영문) 서울서부지방법원 2018.09.05 2017가합38341
건물명도(인도)
Text

1. The Defendants shall receive each amount stated in the relevant lease deposit column as stated in the separate sheet from the Plaintiff.

Reasons

Facts of recognition

The plaintiff is a company established for the purpose of real estate development, lease, etc. and operated the business of building and leasing and selling BJ apartment units comprised of 32 units, 600 units, and 600 units in Yongsan-gu Seoul Metropolitan Government BI unit.

From around 2009 to 2013, the Plaintiff entered into a lease agreement with the Defendants on each of the pertinent real estate listed in the separate sheet (hereinafter referred to as “each of the instant apartment units”) among the BJ apartment units (hereinafter referred to as “each of the instant apartment units”) by “five years from the beginning date of the designated period for occupancy” or “five years from the beginning date of the designated period for occupancy” until January 31, 2016. Some of the Defendants and the Defendants entered into a contract to change the lease deposit by converting monthly rent into the deposit

(hereinafter referred to as “each of the instant lease agreements”). The lease deposit under each of the instant lease agreements is the amount of each of the relevant lease deposits listed in the attached Form (hereinafter “each of the lease deposits in this case”).

The starting date of the designation period for occupancy of each apartment of this case is January 31, 201.

The Defendants paid each of the instant lease deposits to the Plaintiff in accordance with each of the instant lease agreements, and around that time, occupied and used each of the instant apartments after being transferred from the Plaintiff.

In each of the instant lease agreements, the special agreement is stipulated as follows in relation to the conversion for sale in lots.

hereinafter referred to as "the clause in this case for sale in lots" is referred to as "the clause in this case

2) Each lease agreement of this case [Special Agreement] Article 2 / [1] The pre-sale conversion price at the time when two years and six months have elapsed from the expiration date of the first designation period of occupancy designated by the Plaintiff after completion shall be the arithmetic mean of the appraisal values of the Plaintiff and the Defendants selected respectively.

② At the expiration of five years from the expiration date of the initial occupancy designation period designated by the Plaintiff after completion, the conversion price for sale in lots shall be set respectively by the Plaintiff and the Defendants.

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