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(영문) 부산지방법원 2015.12.11 2015가단215812
부동산인도청구
Text

1. The defendant is paid KRW 10,350,000 from the plaintiff, and at the same time, the first floor of the building indicated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On December 2010, the Plaintiff entered into a lease agreement with the Defendant on the 13,834.47 square meters of the building listed in the separate sheet (hereinafter “instant building”) and the 45.52 square meters of the joint-use area (hereinafter “instant lease agreement”) among the 3,834.47 square meters of the building indicated in the separate sheet (hereinafter “instant building”) in order to each point indicated in the separate sheet No. 1,2, 3, 4, 5, 6, and 1.

[Basic Matters] The contents of the instant lease agreement [the contents of the lease agreement] [the lease deposit] : The monthly management fee of KRW 10,350,000 (excluding value-added tax): 1,650,000: From January 1, 201 to December 31, 2016 / [the terms of the contract] Articles 18 [the provisions of the contract and the provisions of the lessor's exemption from liability] 2. Where either the lessor or the lessee terminates the lease contract halfway, the rent of KRW 2 months from the date of termination shall be paid to the other party as the damages compensation.

The method of calculating conversion rent shall apply mutatis mutandis to the method prescribed in Article 7 (1).

Provided, That the foregoing shall not apply where the lessor succeeds to any other tenant recognized by the lessor in excess of the same condition.

Article 22 (Termination within the Contract Period) (1) When one of the parties intends to terminate the contract halfway, he/she shall notify in writing to the other party two months prior to the termination.

(3) Where a contract is terminated during the period of contract, the compensation for damage under Article 18 (2) shall be paid.

B. On October 27, 2014, the Plaintiff offered a bid to sell the instant building in 2014, where the instant lease agreement relationship had been in existence, and concluded a sales contract with Busan National University Hospital and completed the registration of ownership transfer on December 12, 2014.

C. On November 28, 2014, the Plaintiff sent to the Defendant a certificate of the content that contains an intention to succeed to the relationship under the instant lease agreement, including the termination of the instant lease agreement even during the lapse of the two months, and the declaration of intent to demand restoration and delivery within the two-month period.

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