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(영문) 서울중앙지방법원 2015.09.09 2012가합536081
보증금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 31, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the three-story building on the ground C of Suwon-si, Suwon-si, the Defendant owned (hereinafter “instant building”).

Article 1 The defendant shall lease the land and buildings indicated next to his own possession to the plaintiff, and the plaintiff shall make an agreement to rent them.

The location of land: The second floor of the building that is scheduled to be reconstructed on the above site shall be overall control over the reconstruction (including the removal of existing buildings) of the third floor steel-frame building on the above site, and the construction cost necessary for authorization, permission and remodeling shall be borne by the plaintiff.

After the completion of a building, the plaintiff uses the whole second floor, and the third floor is reconstructed so that it can be extended, and the defendant uses the whole.

Provided, That the third floor shall be borne by the plaintiff only for the minimum construction works necessary for the completion of construction, and the indoor artificial ter for the business shall be borne by the defendant.

In addition, the Plaintiff’s trade name shall be “D” and no other trade name shall be used.

Article 2 The term of lease shall be eight years from August 1, 2010 to July 31, 2018, which is the scheduled date for commencement of business, in consideration of the design and construction period of buildings after concluding a contract.

Article 3 Rent shall commence with KRW 8 million per month (excluding surtax; hereinafter the same shall apply) without a deposit, and shall commence with KRW 10 million from August 1, 201, and 2012

8. From January 1, 200 to 12 million won, from August 1, 2014 to 14.4 million won, and from August 1, 2016 to 1,7280,00 won shall be adjusted and paid.

In addition, monthly rents shall be paid in advance each month and the initial date of rents shall be applied after the completion of a building.

Article 4 The plaintiff shall make an advance payment of the annual rent of KRW 96 million to the defendant as the down payment, but 50% shall be paid at the time of the contract and the remaining 50% shall be paid at the beginning of the business.

Article 7. The plaintiff bears all construction costs necessary for the reconstruction of the building, and the defendant bears the reconstruction building.

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