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(영문) 의정부지방법원고양지원 2019.02.15 2018가단80137
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) As from January 8, 2019, 7,590,876 Won and the above.

Reasons

Around October 2013, C and D entered into a lease agreement (hereinafter “existing lease agreement”) with the Defendant on the condition that the entire building located in the attached list (hereinafter “instant real estate”) was leased to the Defendant by setting the deposit amount of KRW 100 million, monthly rent of KRW 3,500,000 (excluding value-added tax), and the lease period from around that time to October 20, 2016 (hereinafter “existing lease agreement”).

On October 7, 2014, the Plaintiff purchased the building located in the instant real estate from C and D on October 7, 2014, completed the registration of ownership transfer on December 10, 2014, and succeeded to the lessor status of the existing lease agreement.

After that, on March 15, 2016, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the terms that the instant real estate, which is the second floor of the building, is leased to the Defendant as KRW 50,000,000 per deposit, monthly rent of KRW 1,80,000 (in addition to value-added tax, monthly rent of KRW 17,00,000 per month), and the lease term was set from the date of delivery to March 17, 2021.

Article 2 of the instant lease agreement provides that “The Plaintiff shall deliver the instant real estate to the Defendant by March 17, 2016, in such a condition as to allow the Plaintiff to use and benefit from the instant real estate repair and remodeling works, etc.” The following provisions are stipulated in the “special agreement” column.

- A lease contract under the status of repair works, such as creative coarium, is terminated at the time of returning to the Defendant (as of March 15, 2016), and the existing lease contract is terminated, and the contract is concluded to enter into a renewal contract under the same conditions as above, as of February 15, 2016 (as of February 15, 2016), with a view to not receiving a rent from February 1, 2016 and exempting a lessee from being for four months from the time of occupancy.

b. The date of occupancy shall be separately stated in this Agreement (the date of occupancy: April 5, 2016) - the lessor’s expense to carry out temporary structure works on the first floor and directors at the lessor’s expense for the purpose of keeping the lessee’s house - may arise from the remaining works upon the lessee’s occupancy.

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