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(영문) 대구지방법원김천지원 2013.11.21 2013가단4223
임료
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

A. From June 12, 2013 to the day of complete payment, KRW 70 million and its related amounts.

Reasons

1. Facts of recognition;

A. On October 6, 2010, the Plaintiff, H (the Plaintiff’s wife; hereinafter the Plaintiff, H, and I together referred to as “Plaintiff, etc.”), a co-owner of F Miscellaneous land of 1,460 square meters and G miscellaneous land of 3,685 square meters at the time of the conclusion of the instant sales contract, and the Plaintiff, H, and I (the Plaintiff, etc., if they jointly refer to the Plaintiff’s son; hereinafter the Plaintiff, H, and I) sold KRW 2,556 square meters out of the said F land to the Defendant Co., Ltd. (the Plaintiff, etc., at the time of the instant contract, was “J” but was changed to the current trade name; hereinafter the “Defendant Company”).

(hereinafter referred to as the “instant sales contract”) B.

【Matters to be entered into a special contract】 The monthly rent shall be KRW 500,000 when leasing L, F, or K part of the leased site.

The time of the payment of rent is the condition to pay after the completion of the building (1 year) and move the L assembly-type building.

F. F. K. The remaining site shall be determined as KRW 1.7 million per deliberation when purchasing within three years, and KRW 1.8 million for a period not exceeding six years, and KRW 2 million for a period not exceeding nine years. If the remaining site is not purchased for three years, the monthly rent shall be raised by 100% for a period not exceeding 3 years.

If the building is left unattended on the F and K remaining parcel without completion, the lessor may remove the building without consent and shall not be held liable for civil or criminal liability. If the building permit is not granted, this transaction shall be restored to the original state and the proceeds shall be returned.

The Defendant Company, from the Plaintiff, etc., agreed to lease the remainder excluded from the instant sales contract among the said F and K land and 641m2, which is its neighboring land, and indicated in the instant sales contract as follows:

C. On October 26, 2010, the part excluded from the instant sales contract among F and K land excluded from the sales contract was divided into “M miscellaneous land 434 square meters and “N miscellaneous land 1,129 square meters” and “N miscellaneous land 1,129 square meters.”

The above divided M, N land, and L land adjacent thereto shall be combined, and the remaining land shall be the remaining land.

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