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(영문) 대전지방법원 2016.07.06 2015가합575
토지인도등
Text

1. The defendant is against the plaintiffs:

(a) Appendix 1, Annex 1, Annex 2, 3, 4 and 1, Annex 1, Annex 4, Annex 4, Annex 4, Annex 4, Annex 5, 5, 5, 5, 5, 5

Reasons

1. Basic facts

A. (1) On February 19, 2002, the Plaintiffs entered into the instant lease agreement (hereinafter “instant land”). The Plaintiffs are D 546.2 square meters in Seongbuk-gu Daejeon, Daejeon (hereinafter “instant land”).

(2) On October 29, 2014, the Plaintiffs concluded a lease agreement with F on October 29, 2014, which provides that the Plaintiffs shall deposit KRW 30,000,000 (contract deposit KRW 3,000,000) of the instant land to the Defendant as payment at the time of the contract, remainder 27,000,000 (payment on December 15, 2014), monthly rent KRW 1,50,000 (prepaid on December 15, 2015), lease term period from December 15, 2014 to December 14, 2020).

(hereinafter “instant lease contract”). Article 6 (Cancellation of Contracts) (In the event that a lessee does not pay an intermediate payment (in the absence of an intermediate payment), the lessor shall reimburse the amount of the down payment, and the lessee may waive the down payment and rescind the said contract.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. Contract shall be entered into without any objection after on-site inspections and perusal of registers;

2. A lessee may construct or install buildings and facilities in the name of the landowner within the scope of permission granted by the competent Gu/Si/Gun office;

any balance of deposits after a contract may be paid.

A lessor shall consent to the procedures, etc. for new construction permission and the Corporation, and cooperate in the procedures, etc. for new construction permission and construction to prevent any impediment to the lessee.

A lessee shall bear expenses incurred in installing and constructing underground objects at least the current state (or site).

3. Having reached an agreement after or after the expiration of the lease.

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