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(영문) 서울중앙지방법원 2015.11.12 2013가합509338
원상회복의무 부존재확인 청구
Text

1. A land lease agreement and land temporary diversion on December 31, 2010 between the Defendant (Counterclaim Plaintiff) and D Co., Ltd.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On December 31, 2010, B Co., Ltd. (hereinafter “B”) concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the land indicated in paragraph (1) of the attached Table (hereinafter “instant land”) as indicated in the attached Table No. 1 (hereinafter “instant land”). The Plaintiff jointly and severally guaranteed the lessee’s obligation under the instant lease agreement.

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

1. The lessor shall lease the land specified in paragraph (1) in the attached list, owned by him, to the lessee for the purpose of selecting aggregate and selling aggregate, and the lessee shall make an agreement to lease it;

2. The term of lease shall be 24 months (two years) from January 1, 201 to December 31, 2012;

3.The lease deposit shall be 20,000,000 won and shall be paid in full to the lessor simultaneously with the lease contract.

The rent shall be KRW 14,400,000, the advance payment of which is 1,200,000 per month, at the same time as the contract is concluded for the lessor, and 14,400,000, the rent for the remaining one year shall be paid in advance to the lessor by December 30, 2011.

4. A lessee shall submit to a lessor, simultaneously with a contract, a performance guarantee insurance policy (100,000,000 won for performance guarantee and from January 1, 201 to December 31, 2012) to promise the lessor to certify the performance of a contract and to restore to the original state of a scenic city;

6.If the lessee fails to order the present land even after the termination or termination of this contract, 50,000 won per day shall be paid to the lessor. If the lessee neglects to restore it to its original state, the lessor may restore it to its original state at his expense.

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