(영문) 부산지방법원 2015.03.19 2014가합13979

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(영문) 부산지방법원 2015.03.19 2014가합13979

건물명도 등

Text

1.(a)

The defendant shall deliver to the plaintiff the buildings listed in the attached list.

B. The defendant shall pay to the plaintiff KRW 353,990,325.

Reasons

1. Facts of recognition;

A. On August 10, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting forth a lease deposit of KRW 150,00,000 and KRW 16,00,000 (in addition, separate tax, and payment on the 10th day of each month) as a lease deposit (hereinafter “instant lease agreement”).

The main contents of the instant lease agreement are as follows.

Section 2. The lessor (Plaintiff) shall deliver to the lessee any such real estate to the lessee by the date of the remainder payment (the date of completion of a new construction work) with such real estate used and benefiting therefrom for the purpose of the lease, and the lease period shall be 84 months from the

Provided, That the contract shall be renewed every three years.

Article 4 If the lessee has failed to pay the rent for two months, the lessor may terminate the lease contract.

Important facilities and special agreements;

1. This contract is a long-term rental contract that provides new construction of a factory at the lessee’s request.

2. The balance shall be paid on the delivery date of a factory after the completion of a factory;

3. The lease term is seven years in consideration of the new construction as requested by the lessee of a new factory.

Provided, That the contract shall be renewed at a three-year period.

(2) The overdue interest in arrears of rent shall be 20% per annum.

(3) Any balance shall be delivered to the lessee simultaneously with the receipt of the balance.

(4) Rent and deposit for lease at the time of re-contract may be increased within the limit of the total annual increase of the consumer price inflation rate of the Statistics Korea.

(5) When a contract is terminated before the expiration of the contract period, the lessee shall pay the rent for the remaining period (excluding surtax) to the lessor as a penalty for termination of the contract.

B. On March 1, 2012, the Plaintiff received 150,000,000 won as lease deposit, and delivered the instant building to the Defendant.

C. The Defendant did not pay the Plaintiff the rent from March 2014 to May 201 of the same year, to the Plaintiff.

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