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(영문) 수원지방법원성남지원 2016.11.25 2016가단1273
건물인도 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a foundation established with a comprehensive and systematic support system in order to foster and support the small and medium enterprises and venture businesses located in Sungnam-si, and owns each real estate listed in the separate sheet (hereinafter referred to as “instant 313”) (hereinafter referred to as “instant 314”), and owns paragraph (2) of this case. In addition, the Plaintiff owns each of the instant commercial buildings.

The defendant's application for industry in heading 124, 309, Jungnam-gu, Sungnam-si

L.C. D. Co., Ltd. for the purpose of manufacturing business and panel distribution business.

B. On December 27, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit basis of KRW 42,00,000, monthly rent of KRW 1,584,000 with respect to each of the instant commercial buildings (hereinafter “the instant lease agreement”). The Defendant carried out business activities, such as product sales, manufacture of prototypes, manufacture of goods, and shock studio in each of the instant commercial buildings.

Article 2 (Term of Contract) (1) The term of the lease contract shall be from January 1, 2013 to December 31, 2015 (three years).

Provided, That the defendant shall not faithfully abide by the term of the lease contract and shall not request any change in the contract or any change in the contract for occupancy any longer at the expiration of the term.

Article 4 (Extension of Term of Contract) (1) In order to extend the term of the lease contract, the defendant shall submit in writing an application for extension of occupancy to the plaintiff not later than three months

(2) The plaintiff shall notify the defendant of whether he/she consents to extension of the contract period within 30 days from the date he/she receives an application for extension.

3. Where there is no application for extension by the defendant under paragraph (1) or the plaintiff does not consent to the extension of the defendant, this contract shall terminate on the expiration date.

Article 9 (Arrears of Rent, etc.) (1) The defendant shall pay to the plaintiff under the lease contract.

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