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(영문) 부산지방법원 2016.06.01 2015가합6367
건물명도등
Text

1. The defendant shall pay KRW 1,659,769,520 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit;

Reasons

1. Facts of recognition;

A. (1) On February 1, 2014, the Plaintiff entered into the instant lease agreement with the Defendant each real estate indicated in the separate sheet owned by the Plaintiff (hereinafter “instant building”).

B) A lease was made on a monthly rent of KRW 78 million (excluding value-added tax), the lease period from February 1, 2014 to January 1, 2019 (hereinafter “instant lease agreement”).

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

[Lease Lease Contract] [Indication of Rental Fee for Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building

3. Where the Defendant was in arrears for at least three months, the Plaintiff may terminate the instant lease agreement without prior peremptory notice or any other procedure.

Article 5 (Cancellation of Contract and Penalty)

1. Where the defendant falls under any of the following subparagraphs, the defendant shall lose the benefit of time, and the plaintiff may terminate or cancel this contract where no performance is made after giving a peremptory notice to the defendant for a grace period of not less than seven days:

(1) If the rent is in arrears for at least three months from the due date for the payment of the rent, Article 7 (Management Expenses, Taxes and Taxes)

1. The defendant shall enter into a contract on the management of the leased object with the plaintiff or the administrator determined by the plaintiff and bear the management expenses imposed in accordance with the management rules.

4. The defendant shall bear the expenses set forth in paragraphs 1, 2 and 3 even if he/she does not use the leased object during the lease period.

When this contract is terminated due to the expiration of the term of lease, termination or rescission of the contract, or other reasons, the defendant shall, without delay, order the plaintiff to submit all the objects of lease and all all all the documents, pursuant to the following subparagraphs:

(1) When the term of lease expires or this contract is cancelled or terminated, the Defendant’s facilities installed by the Defendant.

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