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(영문) 대전지방법원천안지원 2013.07.12 2012가합1026
토지인도 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim) is on the ground of each real estate listed in paragraphs 2 and 3 of the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet, and Defendant C is a company that manufactures aggregate scrap, etc., and Defendant C is the representative director of Defendant C, who leased each real estate listed in the separate sheet from the Plaintiff.

B. On April 20, 2009, the Plaintiff entered into a lease agreement (Evidence A No. 1-2) with respect to approximately 15,734 square meters of nine parcels, including Nonparty D, E, and Seo-gu, Seocheon-gu, Seocheon-gu, Seoul, as follows.

Article 1. The lessee shall pay the deposit and rent of the above real estate as follows:

The deposit amount of KRW 40 million shall be paid at the time of a contract and the balance of KRW 35 million shall be paid within 45 days after the authorization and permission is granted.

The rent shall be paid in advance for KRW 350,000 per month (for five years from the date of authorization and permission).

Article 2. The lessor shall deliver the above real estate to the lessee by the time after the business authorization was granted in 2009, and the term of the rent shall be 60 months from the date of delivery.

Article 3 The lessee shall not change the use, structure, etc. of the above real estate without the consent of the lessor, nor sublease, transfer the right of lease or offer the security, and use it for purposes other than those of lease.

Where a lessee has failed to pay a rent for two months, the lessor may terminate the lease contract.

Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor, and the lessor shall return the deposit to the lessee.

Article 6. If the lessor has breached the provisions of this Agreement, he shall compensate for the amount of the down payment, and if the lessee has breached the contract, the down payment shall be reverted to the lessor without returning it.

Article 7. The brokerage commission shall be paid by both parties simultaneously with the conclusion of this rental contract.

The brokerage commission shall be paid even if this contract has been invalidated or cancelled without the intention or negligence of the broker.

Special Agreement:

1. A contract shall be made on condition of a license for crushing and crushing aggregate;

2.For the smooth communication of the project on the site of the project;

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