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(영문) 의정부지방법원 2014.09.23 2014가단20219
건물인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic factual basis

A. On November 1, 2012, the Plaintiff leased the instant building listed in the separate sheet (hereinafter “instant building”) to Defendant B as KRW 120,00,00, KRW 4,900,000 per month of rent, KRW 850,00 per month of management expenses (excluding value-added tax and electricity fees), the last day of each month of the payment date of rent and management expenses, from November 1, 2012 to October 31, 2013 (hereinafter “instant lease”), and thereafter, transferred the instant building to Defendant B.

B. On January 14, 2013 between the Plaintiff and Defendant B, a compromise prior to the filing of the lawsuit was concluded with the following content:

(J) Li Government District Court 2012No. 138, hereinafter “instant protocol of conciliation”). - Defendant B received deposit of KRW 120,000,000 from the Plaintiff on October 31, 2013, and simultaneously ordered the Plaintiff to submit to the Plaintiff the instant building.

Provided, That if the plaintiff or defendant B does not express his/her intent in writing one month prior to the expiration of the contract term, this contract shall be deemed to have been renewed under the same conditions, and the rent and the public interest expense shall be adjusted at the request of the plaintiff with the consent of the defendant B

(At least paragraph 1. - From November 1, 2012, Defendant B shall pay to the Plaintiff the monthly rent of KRW 4,900,000 and the management expenses (value-added tax and electricity fee separate) of KRW 850,000 during the lease period as of the end of each month.

From November 1, 2013 to October 31, 2014, a deposit of 120,000, monthly rent of 5,390,000 won, and management expenses (value-added tax and electricity fee separate) of 850,000 won shall be paid on the last day of each month during the period from November 1, 2013 to October 31, 2014.

(2) above paragraph (2)

C. On November 1, 2012, Defendant B completed the business registration of running a singing practice room as to the instant building, and on November 5, 2012, Defendant B reported on October 12, 2001 on the instant building to change the business operator of the instant singran bar business license (hereinafter “Ding bar”), who was first permitted on October 12, 201, to Defendant B himself/herself. On November 13, 2012, Defendant B filed a report to change the business operator of the said singran bar business license to Defendant B and Defendant C.

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