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(영문) 서울동부지방법원 2015.05.15 2014가합108346
토지인도
Text

1. The part of the Defendant (Counterclaim Plaintiff)’s claim for confirmation of the rent payment date among the counterclaims filed by the Defendant (Counterclaim Plaintiff) shall be dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1.Article 1 of the Basic Facts / [Indication of Land] Article 3 [Lease Fee, Deposit and Payment Time] Article 3 [Consultations with Defendant B at the time of using 200 square meters] at Won, F at Won, G 1,200 (Plaintiff’s consultation with Defendant B at the time of using 200 square meters] 1. Defendant B’s annual rent of KRW 180,000,000 (excluding value-added tax separate) shall be

8. It shall be made in advance to the Plaintiff’s account before October.

3. Defendant B shall pay to the Plaintiff annual rent of KRW 180,000,000 by August 10, 2011.

4. If the rental fee for the next year is not paid in advance in each year by the due date ( August 10), the Plaintiff may terminate the instant lease agreement after deducting KRW 180,000,000 from the rental deposit for the Defendant B as penalty.

5. The Defendant B shall pay the deposit of KRW 100,000,000 as down payment of KRW 300,000,000 until June 10, 2011.

The intermediate payment of KRW 100,000,000 shall be paid to the Plaintiff by July 10, 201, the remainder of KRW 100,000,000 until July 23, 2011.

Article 5 [Prohibition of Assignment or Pledge] Defendant B may not demand to others for lease, pledge, or premium for the whole or any part of the rights under this Agreement and for any building on the ground.

Article 6 [Name of Real Estate] 1. When the lease contract period expires or even expires, Defendant B shall restore the land to its original state at the expense of Defendant B according to the Plaintiff’s request, or transfer the buildings and facilities without compensation to the Plaintiff at the expense of the Plaintiff, and transfer the ownership to the account holder designated by the Plaintiff.

2.In the term of lease, the above-ground constructed by the defendant B is owned by the defendant B, and the defendant B cannot claim the right to the above-ground constructed article after the termination of the lease contract or the termination of the contract.

3. In any of the following cases, the plaintiff may voluntarily cancel without a separate peremptory notice or proceeding, and the defendant B shall not raise an objection against it:

(1) Where rent is in arrears, (2) Attachment, provisional disposition, auction, etc. of property due to other debts.

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