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(영문) 인천지방법원 2020.04.10 2018가합59914
건물명도(인도)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall deliver each of the real estate listed in the attached real estate list to each Plaintiff (Counterclaim Defendant).

2.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of each real estate indicated in the “building Number” column in the annexed Table of the real estate list, which is part of the 3rd underground and 27th above ground-based BA hotel (hereinafter “instant hotel”) located in the Nam-gu Incheon Metropolitan City (hereinafter “each of the instant guest rooms”).

B. Around 2014, the Defendant entered into a lease operation agreement with the Plaintiffs regarding each of the instant guest rooms with the purpose of hotel operating business and management business, under which the term of the contract for each of the instant guest rooms was from January 1, 2015 to December 31, 2019, and the main contents of the said agreement are as follows:

(hereinafter referred to as “instant lease operation contract”). Article 2 (Period of the lease operation contract under the term of the lease operation contract) (1) Terms of the lease operation contract shall be from January 1, 2015 to December 31, 2019.

(2) Notwithstanding paragraph (1) above, the following day from the actual payment date of the BA hotel supply contract shall be the start date of lease and operation.

Provided, That where the balance is paid before the payment date, the following day of the contract for supply shall be the commencement date of lease and operation, regardless of the balance payment.

Article 5 [Mutual Business] (3) Upon the expiration of the lease operation period of the target real estate, the lessee operator corporation AY (hereinafter referred to as "B") shall not be liable for deterioration due to the normal use of facilities inside the target real estate during the contract period.

(4) The term "degradation" in the preceding paragraph means the deterioration and lapse of time arising from the use of internal facilities (including furniture, home appliances, and other collections), and physical deterioration, technological innovation, economic development, etc. of the internal facilities due to natural effects, etc., and the functional deterioration of the internal facilities due to technological innovation, economic development, etc.

Article 10 [Amendment and Renewal of Contracts] (1) This contract may be amended only by a written agreement between a lessor (hereinafter referred to as “A”) and a “B”.

2. “A” or “B” which has the intent to refuse the modification or renewal of the contract at the expiration of this contract shall be one month prior to the expiration date of this contract.

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