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(영문) 대구고등법원 2016.05.25 2015나20538
건물명도
Text

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

The defendants jointly do so to the plaintiff 25,915,954 won and this.

Reasons

1. Basic facts

A. On June 25, 2008, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant B, stating that the Plaintiff may use and benefit from the building listed in the attached Table 1 attached hereto owned by Daegu Metropolitan City from September 16, 201 to October 31, 2031 (Evidence 57 No. 2). Defendant B entered into a lease agreement between the Plaintiff and the Plaintiff on June 22, 2012 with the purpose of operating a child-only shopping mall (including value-added tax), setting the lease deposit amount of KRW 100 million, the rent net sales (including value-added tax), and the lease agreement between September 20, 201 to September 19, 2017 (hereinafter “instant lease agreement”).

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

Article 1 (Basic Matters of Lease Contract) (1) (1) : 5 years from the date of commencement of business on September 20, 2012. (3) Deposit: KRW 100 million (10,000,000): Contract deposit - The remainder of payment at the time of contract of KRW 50,000 (50,000): O thousand won (50,000,000): October 1, 2012.

(4) Rentals shall install cards, franchises and terminals in stores at the expense of lessees.

Article 5 (Installation and Expenses of Art. 5) (1) A lessee may conduct a store theme for the costs of a lessee in consultation with the lessor for the management, etc. of image of his/her own brand.

(2) The interior as referred to in the preceding paragraph shall be built of equipment other than basic facilities, such as floor, ceiling, lighting, wall surface, etc., and houses for children.

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