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(영문) 의정부지방법원 고양지원 2018.08.10 2017가합73870
건물인도 등 청구의 소
Text

1. The plaintiffs, the defendant C, the real estate listed in the list Nos. 6 through 10, and the defendant D (attached Form 1).

Reasons

1. Facts of recognition;

A. The Plaintiffs were the owners of each real estate listed in the list (attached Form 1) (hereinafter collectively referred to as “instant commercial building”), and on September 30, 2015, the Plaintiffs registered real estate security trusts with the K non-Real Estate Trust Co., Ltd.

Under the above real estate security trust agreement, the Plaintiffs, a truster, possessed and used the instant commercial building, which is the real estate of trust, and had the authority to lease the commercial building in their names.

B. On January 28, 2016, Defendant C prepared a lease subscription form stating that “The instant commercial building is to be converted into a regular contract after changing its structure and purpose to a private house, and if it is deemed difficult to change its structure and purpose, Defendant C would return the subscription price as it is without any condition.” On the same day, Defendant C paid KRW 50,000,000 to the Plaintiffs on the same day.

C. From February 2016, Defendant C entered into a construction contract with several companies to install facilities, etc. necessary to operate friendship, and commenced construction works in the instant commercial building.

1차 임대차계약서 ◎ 임대차보증금 2억 원(계약금 50,000,000원은 피고 C가 2016. 1. 28. 지급한 청약금으로 대체하고, 중도금 100,000,000원은 2016. 3. 30.까지, 잔금 50,000,000원은 2016. 4. 30.까지 각 지급한다) ◎ 월 차임 12,000,000원(부가가치세 별도, 매월 30일 지급) 제2조 (점포의 명도) 임대인은 위 점포를 위 잔금일에 임차인에게 명도하며, 명도에 따른 월세는 위와 같이 잔금정산에 따른 명도일로부터 가산한다.

Provided, That the monthly rent shall be subject to a grace period of one month from the date of grace in consideration of the surrounding conditions due to the construction of the facilities of the lessee and the schedule of authorization and permission under Article 9.

Article 3 (Term of Contract) (Term of Contract) of the Act on May 1, 2016 shall be extended to the lessee by the end of the 60th day from the date on which the tenant has ordered the above store.

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