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(영문) 수원지방법원평택지원 2019.01.30 2018가합8356
건물명도(인도)
Text

1. As to KRW 207,617,211 among the Defendant-Counterclaim Plaintiff, and KRW 207,617,211 among the said money, the Plaintiff-Counterclaim Defendant (Counterclaim Defendant) shall have the effect on January 201.

Reasons

1. Facts of recognition;

A. On September 30, 2015, registration of ownership transfer was completed in the Plaintiff’s name on September 30, 2015 with respect to the land for Pyeongtaek-si C, 726 square meters of land for a factory, D 1,122 square meters of land for a factory, E land for a factory, 3,002 square meters of land for a F, 1,139 square meters of land, and 325.15 square meters of 1,139 square meters of land for a 4-story, a single-story warehouse, 397.61 square meters of land for a single-story, and 70.92 square meters of land for a single-story (hereinafter referred to as “instant factory”) on the ground of sale as of August 25,

B. On the other hand, the registration of grain processing business in the name of H on November 6, 1997, and the registration of H on April 15, 2003 with respect to the factory of this case was made respectively.

C. On September 18, 2015, the Plaintiff registered his/her main business in the instant factory as a manufacturing business (graining business).

On September 6, 2016, the primary category of business was changed to the lease of real estate business.

On October 19, 2015, the Plaintiff filed a lawsuit against H to seek the delivery of the instant factory (Seoul District Court Decision 2015Da13695), but the Plaintiff submitted a written withdrawal of the lawsuit on October 30, 2015. The Plaintiff did not raise any objection and completed around that time.

E. On April 1, 2016, the Plaintiff concluded a lease agreement with the Defendant and the instant factory by setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 4,950,000 (including value-added tax) and the lease period from April 8, 2016 to March 7, 2021.

(hereinafter “instant lease agreement”). The terms and conditions of the instant lease agreement include the following:

Matters of special agreement

1. The omission of real estate indication;

2. The contract is a contract for the use or profit-making of the entire building and the entire building on the ground of the Dong and its branch office and the inside facilities of the Do and its factory.

3. (Omission)

4. The lessee shall be required to restore the investment in facilities necessary for the operation of the fixed place to its original state at his/her expense after the term of lease expires.

(of course, it is excluded when used in compliance with the lessee's needs). 5. Factory buildings, machinery and equipment, etc.

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