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(영문) 부산지방법원동부지원 2017.06.02 2016가합100132
임료등
Text

1. The Defendant’s KRW 722,200,000 as well as 5% per annum from January 26, 2016 to June 2, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 2, 2013, the Plaintiff entered into a lease agreement between the Defendant and the Defendant (hereinafter “instant lease agreement”) with the terms that the Plaintiff leases real estate indicated in the attached Form to the Defendant as KRW 50,000,000, and KRW 27,000,000,00 per month of rent, from April 30, 2013 to April 30, 2023 (hereinafter “instant lease agreement”).

B. On May 24, 2013, the Defendant concluded a settlement prior to the filing of the instant lease agreement with the Busan District Court 2013Da3444 (hereinafter “Settlement prior to the filing of the instant lawsuit”).

The main contents are as follows:

1. The defendant, on May 1, 2023, ordered the building among the real estate listed in the attached Form to the plaintiff, and transferred the land to the plaintiff.

In such cases, the defendant shall return the leased object at the present state at the time of delivery, and the defendant shall waive the lease deposit.

2. The Defendant shall pay to the Plaintiff the monthly rent of KRW 27 million as of the end of each month from May 1, 2013 to the date of completion of delivery and name cards of the said real estate.

3. The defendant shall not change his right of possession, such as change of the above real estate, provision of security, transfer of the right of lease, sublease, etc. during the above lease period without the written consent of the plaintiff.

4. When the defendant has failed to pay the monthly rent for the second period or violated the agreement as stipulated in paragraph (3), the plaintiff may terminate the contract. In this case, the defendant shall promptly issue to the plaintiff the name and deliver the real estate stated in the attached Form to the plaintiff.

The defendant gives up the lease deposit on the condition that the leased object should be returned to the plaintiff without restoring the leased object to its original state.

5. Where the Plaintiff, during the above term of lease, purchased, leased, or created an additional security without the Defendant’s consent, the Plaintiff shall pay KRW 500 million to the Defendant.

C. Around April 2013, the Plaintiff handed over the real estate indicated in the attached Form to the Defendant.

On June 26, 2013, the Busan District Court received the attached real estate after the reconciliation prior to the instant lawsuit.

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