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(영문) 광주지방법원 2015.09.25 2014나5940
건물명도
Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance, including the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit added in the trial.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be a same.

A. On August 24, 2012, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 170 million (the balance of KRW 70 million, intermediate payment of KRW 70 million, and KRW 30 million), rent of KRW 10 million (the remainder of KRW 20 million on August 24, 2012), and the period from August 31, 2012 to August 31, 2013 (hereinafter “instant agreement”). The key contents are as follows.

Article 4 (Termination of Contract) If the annual rent of a lessee amounts to two terms or violates Article 3 (Change of Use, Sub-lease, etc.), the lessor may terminate this contract without delay.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. Until August 30, 2013, this lease agreement entered into an agreement on the condition that the lessee would purchase the instant Moel in KRW 1.5 billion. In order to faithfully implement the terms and conditions of sale under Paragraph 1, the lessee would determine the down payment out of the purchase price as KRW 120 million and pay the down payment at KRW 10 million on the monthly rent payment date in 12-month installments, and would not return if the sale was not effected.

3. When the rent and the purchase price under paragraph (2) are overdue for not less than two months, the contract may be terminated immediately;

(Termination of the contract). 5. A lessee may repair and operate a part of the franchise of this case at the expense of the lessee, but if the sales contract is not concluded on the date of sale due to the lessee's circumstances, the repair cost may not be claimed.

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