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(영문) 수원지방법원 성남지원 2018.04.17 2017가합403804
토지인도
Text

1. The Defendant shall pay to the Plaintiff (Counterclaim Defendant) KRW 15,100,000 as well as the interest rate from January 10, 2018 to the date of full payment.

Reasons

(d) continued operations;

In addition, on May 1, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, etc. to modify the existing lease agreement (hereinafter “instant lease agreement”) by setting the lease term of approximately 300 square meters from May 1, 2013 to May 1, 2015 with the instant store and Gwangju E-si (hereinafter “instant building site”). The main contents are as follows: (a) the lease agreement was entered into between May 1, 2013 to May 1, 2015; (b) the deposit amount of KRW 50 million; (c) the monthly rent of KRW 3 million (payment on May 30; (d) the monthly management fee of KRW 100,000 (payment on May 30; and (e) the monthly management fee of KRW 100,000,000 (hereinafter “instant lease agreement”).

Article 2 The duration of existence of the instant lease agreement shall be two years from the date of this agreement ( May 1, 2015), and the validity of the renewal agreement shall be extended to two years.

Article 3 The deposit shall be refunded when the defendant, etc. has ordered the building of this case.

If the rent is in arrears, it shall be appropriated from the payment.

* Details of special agreement* - approximately 20 square meters in office of a trading company (license) office as premium, KRW 30 million in daily amount, and this premium is recognized by the plaintiff when the defendant, etc. transfers or takes over to another person in the future.

E. The instant lease agreement was renewed and the term of lease became from May 1, 2015 to April 30, 2017.

F. By March 30, 2016, the Plaintiff received 3.1 million won, including the monthly rent of 3 million won under the instant lease agreement and the management fee of 100,000 won from the Defendant by the end of each month. However, the Plaintiff was not paid monthly rent and management fee from April 1, 2016 to the Defendant, etc.

G. Meanwhile, on October 27, 2017, the land of this case, among the subject matter of the instant lease agreement, was divided into the E-si in Gwangju, the 954 square meters in Gwangju, the F-si in Gwangju, and the 50 square meters in Gwangju, and the instant land was classified into the 954 square meters in Gwangju, the E-si in Gwangju.

H. On December 30, 2017, the Plaintiff sold the instant building and site to H, and on January 3, 2018, the instant building and site were sold.

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