logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.10.10 2018나45435
건물명도(인도)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3.A petition filed by this court.

Reasons

1. Basic facts

A. On September 3, 2015, the Plaintiff completed registration of initial ownership relating to the seven-story building located in Busan Shipping Daegu E (hereinafter “instant building”), and the Defendant is a legal entity engaging in automobile siren business, etc.

B. On April 28, 2016, the Plaintiff entered into a lease agreement with the Defendant on the condition that the Plaintiff, among the instant building, lease deposit of KRW 10 million and KRW 50,000,000,000 for lease deposit, monthly rent of KRW 616,00 (in the monthly rent of KRW 450,000,000, KRW 10,000,000,000,000 for monthly rent of KRW 550,000,000,000,000,000,000,000,000,000 from May 4, 2016 to May 31, 2019).

(hereinafter “instant lease agreement”). The relevant terms and conditions of the instant lease agreement are as follows.

Article 4 (Termination of Contract) If the annual total amount of rent of a lessee falls short of the two terms of rent, or if the lessee violates Article 3, the lessor may terminate the contract without delay.

Matters of special agreement

1. Monthly rent of 450,00 won, management fee of 50,000 won, parking fee of 60,000 won, value-added tax of 56,00 won shall be recognized; and

2. The value-added tax, electric charges, water charges, and the management amount shall be separate, and shall be paid monthly from May 4, 2016.

3. Parking fees shall be separately entered into and separately entered into at least 60,000 won per month.

4. The lease contract period shall be 36 months from May 9, 2016 to May 31, 2019;

5. A lessee shall not claim a security deposit during the period of the lease contract, and shall pay monthly taxes and public charges.

6. Recognizing that this real estate is the establishment of a mortgage on bank loans to land or buildings.

C. However, the plaintiff and the defendant agreed that the part of 50 square meters in the parking lot among the leased objects under the above lease agreement shall be entered into as the leased object only in form in order to obtain permission from the rental car company Busan, and in accordance with the above agreement, the defendant shall be entered into the plaintiff.

arrow