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(영문) 의정부지방법원 2017.01.11 2015가단29664
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the buildings listed in the separate sheet;

B. On December 24, 2015

Reasons

1. Basic facts

A. The Plaintiff newly constructed a building listed in the attached list (hereinafter “instant building”) on the ground of the Namyang-si, Namyang-si, C, and obtained approval for the use thereof on May 27, 2014.

B. After that, on March 1, 2015, the Plaintiff agreed that the instant building was leased to the Defendant by setting the lease deposit of KRW 15 million, KRW 1.5 million per month, and KRW 1.5 million per month, and the lease term from March 20, 2015 to March 20, 2017, the Plaintiff received KRW 2 million down payment from the Defendant (hereinafter “the instant lease”). At the time of the lease agreement, the Plaintiff agreed as follows:

1. A lessee who enters into a contract with the present facility after making a sufficient on-site visit thereto;

2. A lessee shall not claim expenses incurred in relation to a facility installed by the lessee at his/her discretion or with the consent of the lessor, other than the current facility, and the lessee shall immediately recover the facility if the lessor requests the restoration to its original state (or cost of disposal).

3. Contracts to be concluded in accordance with the building ledger and the land registry due to the absence of a certified copy of the building, as the registration of the newly constructed building is under way;

4.Land Owner C shall consent to this Agreement.

5. The lessee of the building is connected with the basic waterworks and sewage terminal for the business purpose of the lessee of the building, but if the permission for the manufacture of food is not available, the principal of the contract shall be returned and the contract shall be terminated (the refund of relay fees shall also be made at any time);

6. Additional taxes on rents shall be separately imposed, and other matters shall be in accordance with custom;

다. 피고는 2015. 3. 20.경 원고에게 이 사건 임대차보증금 잔금을 지급하면서 원고로부터 이 사건 건물을 인도받았고, 그 무렵부터 이 사건 건물에서 식품제조가공업을 영위하기 위한 준비작업으로서 철빔샌드위치판넬, 화로 등의 설치를 시작하였다. 라.

However, the defendant did not pay the above contract at all, and the plaintiff raised objection against the defendant on August 20, 2015.

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