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(영문) 서울고등법원 2015.11.12 2015나2030624
토지인도
Text

1. The appeal on the part of the claim for confirmation of the lease term among the counterclaims filed by the Defendant (Counterclaim Plaintiff) B shall be dismissed.

2...

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On June 10, 201, the Plaintiff entered into a lease agreement with Defendant B, with the purpose of establishing a marina shop and a parking lot, etc. each of the lands listed in paragraphs 1, 2, and 3 of the attached Table (hereinafter “instant land”) listed in the attached Table Nos. 300,000,000,000, annual rent of KRW 180,000, annual rent of KRW 180,000, and the period from August 10, 201 to August 10, 2018 (hereinafter “the Plaintiff’s land indication”) Article 3 (Consultation with Defendant B at the time of using 200,00) of the “Lease fee, deposit money, and payment period of KRW 1,200 (the Plaintiff’s consultation with Defendant B)”

1. The annual rent of KRW 180,000,000 (excluding value-added tax) on the first day of the lease year by Defendant B;

8. It shall be made in advance to the Plaintiff’s account before October.

3. Defendant B shall pay the Plaintiff annual rent of KRW 180,000 to the Plaintiff by August 10, 2011.

4. If the Plaintiff did not make a prior payment during each year of the rent for the next year ( August 10), the Plaintiff may terminate the instant lease agreement after deducting KRW 180,000,000 from the rental deposit of Defendant B as penalty.

5. Defendant B’s lease deposit of KRW 100,000,000 as down payment out of KRW 300,000,000 until June 10, 2011.

The intermediate payment of KRW 100,000,000 shall be paid to the Plaintiff by July 10, 201, the remainder of KRW 100,000,000 until July 23, 2011.

Article 5 (Prohibition of Assignment or Pledge) Defendant B may not demand to any other person for lease, pledge, or premium for the whole or any part of the rights under this Agreement and for a building on the ground.

Article 6 (Name of Real Estate)

1. When the lease contract term expires or even expires, Defendant B shall restore the land to its original state at the expense of the Plaintiff’s expense, or transfer the buildings and facilities to the Plaintiff without compensation, and transfer the ownership of the title holder designated by the Plaintiff to the account holder.

2. Within the lease term, the above-ground constructed by the Defendant B is owned by the Defendant B, and after the termination of the lease or the expiration of the lease term.

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