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(영문) 서울고등법원 2017.12.21 2017나2006182
토지인도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall provide the plaintiff with each land listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. 1) On December 21, 201, the Plaintiff entered into a land lease agreement between the Plaintiff and C with C, the representative director of the Defendant, the Plaintiff, and D, and 17 lots (each of the above lands was changed by the lot number and land category as shown in the separate sheet) owned by the Plaintiff.

hereinafter referred to as “each land of this case”

(2) On October 31, 2013, the Defendant’s succession to the lessee status of the Plaintiff, upon the establishment of the Defendant on December 21, 2013, entered into a lease agreement with the Defendant on the lease deposit amount of KRW 200,000,000 for annual rent of KRW 40,000 (excluding value-added tax) and KRW 200,000,000 for lease period of ten years. The Plaintiff entered into a lease agreement on each of the instant land (hereinafter “instant lease agreement”) with the Defendant on June 20, 2014.

The main contents of the instant lease agreement are as follows.

Article 3 (Succession to Special Agreement) A lessor and a lessee (Defendant) shall succeed to a lease agreement between a lessor and C on December 21, 201.

In the case of the conflict between the terms of a lease agreement made on December 21, 201 and the terms of a lease agreement made on December 21, 201, this agreement shall prevail.

Article 4 (Period of Contract) The lease term of this contract is from March 1, 2014 to February 28, 202. Article 5 / [1] Rental Deposit shall be KRW 200 million, and Article 5 / [1] Rental Deposit shall be KRW 200 million, in lieu of the said lease deposit, KRW 200 million paid by C to the lessor, and the remaining lease deposit shall be refunded to the lessee upon termination of this contract.

When this contract is terminated due to the expiration, termination, or any other cause of the lease period, the lessor shall refund the lease deposit to the lessee within seven days after the lessee has ordered the lease property.

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