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(영문) 부산지방법원 동부지원 2018.06.07 2017가단208227
건물명도(인도)
Text

1. The Defendants jointly do so to the Plaintiff

(a) deliver the real estate listed in the separate sheet;

B. From August 15, 2017, the same shall apply.

Reasons

1. Basic facts

A. On August 28, 2014, the Plaintiff, along with the Defendants, drafted a lease agreement on the condition that the Plaintiff, the owner of the first floor E units on the ground of the building in Busan Nam-gu D (hereinafter “instant building”) (hereinafter “instant E units”) will lease the monthly rent of KRW 3,400,000 (excluding value-added tax and KRW 6% increase each year from four years to two years) to Defendant B (hereinafter “B”) for ten years from May 1, 2014.

(hereinafter “instant lease agreement”). B.

The contents of the instant lease agreement relating to the instant case are as follows.

One of the sectional owners of the instant building A (hereinafter referred to as the “Plaintiff”) and the Defendant B (hereinafter referred to as the “Lessee”) and the Defendant C Co., Ltd. (hereinafter referred to as the “sub-lessee”) concluded a lease agreement with respect to the instant E commercial building.

Article 2 (Lease Contract) A lessor shall lease the leased object to a lessee, a lessor shall lease the leased object under this contract provisions, and a lessee shall sublet the leased object to a sub-lessee under an individual contract with a sub-lessee.

Article 3 (Term of Lease Agreements)

1. The term of a contract shall be from May 1, 2014 to April 30, 2024;

Article 4 (Right to Use Rental Objects)

1. The lessee shall acquire the right to use the leased object by entering into this contract;

2. The lessee has the right to possess, use and take profits from the object of this lease as the lessee, and has the right to sublease it to the sub-lessee;

Article 6 (Rents and Exclusive Accounts for Payment)

1. Rent shall be KRW 3,400,000 (excluding value-added tax) per month, and it shall be an increase by 6% per two years from the end of two years after the end of the contract period;

2. The exclusive account for the payment of rent shall be the account in the name of the plaintiff;

Article 7 (Calculation of Rent)

2. The monthly rent under this Agreement shall be from September 1, 2014, the date of commencement of the business agreed between the lessor and the lessee.

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