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(영문) 서울중앙지방법원 2015.07.08 2014가합49390
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the case is to seek KRW 101,418,50 from the Plaintiff, a lessor, to the Defendant as the lessee during the period of lease or sales contract from April 1, 2009 to December 31, 2014, the amount of KRW 113,850,50 [13,850,000 for management expenses and fire-fighting inspection expenses (i.e., month 1,650,00 for 69 months x 69 months] minus KRW 12,525,50 for the fire-fighting inspection expenses paid by the Defendant, and to seek KRW 10,418,50 for the period from January 6, 2015 to June 5, 2015 x 20,460,00 for the period from June 4, 209 to June 5, 2015 x 20,500 for the period from June 6, 2015).

In fact, the Plaintiff acquired on July 21, 2004 and leased and managed a business right to the whole five floors above the ground among the business rights (including the act of lease on a deposit basis) concerning D Station Transfer Parking Lots located in Seocho-gu Seoul Metropolitan Government, which the same-sex Construction Co., Ltd. was in accordance with the permission for free use of public property in Seoul Metropolitan City Mayor on February 26, 1996.

On March 18, 2009, the Plaintiff and the Defendant concluded a lease agreement with regard to the above D Station transfer parking lot No. 513 on the 5th 204.6 square meters (62 square meters) on the attached list, which are real estate listed in the attached list, as payment of deposit deposit money of KRW 30 million, the contract period from April 6, 2009 to April 5, 2012, and KRW 1,500,000, including monthly rent and management expenses (excluding value-added tax).

Article 1 (Indication of Parties): The date of sale of the goodwill from the date of permission for use after completion of this building to the Seoul Special Metropolitan City from the date of January 5, 2015: The sale price of the goodwill is KRW 50,000,000 per day: the sale price of this goodwill is not the sale price repaid after the expiration of the period of lease for the goodwill (the sale price is the money including KRW 50,000,000,000). The purpose of this contract is to Article 2(1) of the Act (the sale price shall be the money including KRW 50,000,000,000,000,000,000,0000,000,0000,000,000,000

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