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(영문) 서울동부지방법원 2019.08.29 2018가합102506
약정금
Text

1. Defendant B’s KRW 230,000,000 as well as 5% per annum from September 1, 2016 to May 2, 2018.

Reasons

1. Basic facts

A. From June 201, Defendant B had been operating the camping site of the trade name “E” on the land in Yangju-si from Jun. 201, Defendant C owned the land F, G, H, I, J, K, and L in the neighboring Yangju-si, and leased M (hereinafter “instant land”).

Defendant B planned the business of leasing each of the instant land from Defendant C to operate the camping ground (hereinafter “instant camping ground”), and concluded a partnership agreement with the Plaintiff around February 2016 in relation to the said business.

B. On April 30, 2015, Defendant B entered into a lease agreement with Defendant C on the lease of each of the instant land for the camping ground business (hereinafter “first lease agreement”), and the content thereof are as follows.

Real Estate Lease Agreement

1. Indication of real estate - Location: Each land in this case - structure: Outdoor sports facilities (galls) site - The area to be leased: The entire area;

2. Contents - Rent: 43,000,000 (including value added tax) shall be paid in advance on April 30 each year.

Matters concerning special agreement under a real estate rental agreement;

4. The tenant's objective of business shall be borne by the lessee in relation to all kinds of facilities, farmland creation cost, development charges, etc. incidental thereto;

9. The lessee’s purpose is to operate a camping room after the civil engineering works by obtaining the authorization and permission of sports facilities on the ground of this case. If the lessee does not obtain the authorization and permission of sports facilities on the ground of this case, this case’s agreement is null and void, and the annual user fee already paid should be refunded.

10. A lessor shall actively cooperate in obtaining permission or permission for sports facilities by a lessee;

C. Around February 2016, the Plaintiff entered into a partnership agreement with Defendant B with respect to the instant camping ground business (hereinafter “instant partnership agreement”).

Plaintiff B: Defendant B.

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