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(영문) 수원지방법원 안산지원 2017.01.19 2016가합7637
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) real estate indicated in the separate sheet, and KRW 400,000 and June 1, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is the owner of the real estate listed in the attached Table (hereinafter referred to as "the building of this case"), which is a partitioned building D on the surface of the 1 parcel outside Ansan-gu, Ansan-gu, Ansan-si.

The plaintiff's Satur is E, and E operated Satna with the trade name of Fatur in the building of this case.

The plaintiff and the defendant enter into a lease contract with respect to the building of this case as follows, and therefore, they are those who have registered Fabain's business in their own name.

However, Frina substantially operated by the defendant G.

On August 8, 2013, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”).

The indication of the real estate subject to the instant lease agreement: Article 1 (Deposit and Time for Payment), Article 2 (Monthly Taxation) (1) of the Building Act (including value-added tax), 4,200,000 won as of the last day of each month, shall be paid as of the last day of each month.

Article 3 (Management Expenses, etc.) In addition to Monthly Taxes, the following shall be borne by the lessee:

(1) Management expenses shall be borne by the lessee.

(2) Items other than management expenses: The lessee shall bear 80,000 won per month rent for the mechanical room:

Article 4 (Delivery, Lease Period, etc. of Real Estate) (1) A lessor shall transfer the instant building to a lessee on August 9, 2013 (Delivery Date) in the condition as at the time of the instant lease agreement, and the lease period shall be from November 1, 2013 to October 31, 2015.

shall be re-leased after the expiration of the period.

Article 5 (Designation of Types of Business) (1) Lessee shall use leased real estate for the purpose of operating business at the time of the contract.

Article 7 (Right to Termination of Contract) (1) If the lessee has failed to pay monthly rent (Article 2) more than three times (limited to cases of continuous non-payment without any continuous delay), the lessor may terminate the contract.

Article 10 (Matters Specially prescribed) (1) Repair of defects in boilers and machinery and equipment shall be the lessee.

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