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(영문) 대구고등법원 2017.07.12 2016나25837
사용료
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On May 201, the Plaintiff entered into a land lease contract with the Defendant (former name: C) and entered into a lease contract with the content that the Plaintiff sets the size of 3,388 square meters in Daegu-gu Dong-gu (hereinafter referred to as the “Dong-dong”) owned by the Plaintiff as follows: (a) 3,388 square meters in land E; (b) 684 square meters in F miscellaneous land; (c) 321 square meters in land for G miscellaneous land; (d) 4,393 square meters in total as KRW 10,00 in land per square meter (hereinafter referred to as the “lease”).

[Lease Contract] (1) A lessor shall lease a leased object indicated below to a lessee and a lessee shall lease the leased object.

Location: Daegu Dong-gu E (3,38 square meters), F (684 square meters), and G (321 square meters): Land category of 4,393 square meters on land: Miscellaneous land (3) the lessee shall lease the leased object for the purpose of maintaining factories and sports facilities, and shall obtain the lessor’s permission if it is used for other purposes.

Article 2 (Term of Lease) The term of lease shall be from March 23, 2011 to March 22, 2018.

(A) The rent of a lessee shall be calculated on the date on which the completion of the building commences.

(1) The lessee shall register in the name of the lessor by constructing and installing buildings and other facilities necessary for business instead of deposit money at his own expense.

(2) In the event of termination of the lease term and termination of the contract due to the lessee’s return to the lessee, the lessee shall gratuitously transfer the leased property to the lessor.

Provided, That if the lessor does not want to take over the building, etc., the lessee shall restore the leased property to its original state and return it to the lessor.

(1) The monthly rent shall be KRW 13,300,000 (excluding value-added tax), and the lessee shall pay it at a place designated by the lessor.

(3) A lessee shall pay to the lessor the rent calculated from the completion date, even if it is not possible to move into after the completion date of the building.

(4) to F (207 square).

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