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(영문) 서울중앙지방법원 2018.12.06 2017가합589431
임대료지급 등
Text

1. Defendant B Co., Ltd. is subject to the attached Form 2’s unpaid rent table for each of the appointed parties to the Plaintiff (appointed parties) and the appointed parties.

Reasons

1. Basic facts

A. Conclusion of a lease agreement and entrustment of hotel operation 1) D Co., Ltd. (hereinafter “D”).

) The G hotel’s “G hotel” (hereinafter referred to as “instant hotel”) shall be from 3 to 17 floors above the ground of the F building in Jung-gu Seoul, Jung-gu.

) 619 guest rooms, composed of 4 to 17 stories above ground by remodeling with the Plaintiff and designated parties (hereinafter collectively referred to as “Plaintiffs, etc.” in total with the Plaintiff and designated parties.

A) The Plaintiff, etc. sold in lots to the buyers including B, and entered into each sales contract with D around 2014 and 2015, the Plaintiff, etc. agreed to enter into a lease agreement with the hotel asset management company designated by D at the same time as the sales contract was entered into (Article 4). 2) The Plaintiff, etc. entered into a lease agreement with Defendant B, a special purpose corporation designated by D pursuant to Article 4 for each of the above sales contract.

(hereinafter “each of the instant lease agreements”). The contents of each of the instant lease agreements are as follows.

2. The lease term shall be ten years from the date of approval for the use of or profit from the above real estate for the purpose of lease, and the lease term shall be ten years from the date of completion of the approval for the use of the hotel (one month from the date of completion of the construction, excluding the date of approval for temporary use; hereinafter “the lease commencement date”).

3. In the lease agreement on the above real estate, the lessee and the Defendant B agreed to pay the value-added tax on the rent in addition to the above rent separately. Therefore, in fact, the Plaintiff and the Defendant B agreed to pay the rent in the amount of 7.7% per annum on the basis of the total sale price (excluding value-added tax) (Provided, That for the first three months after the date of commencement of lease, 4.4% per annum).

the payment shall be made as follows:

(1) Rent shall be the annual fixed rent of 7% per annum on the basis of the total sale price (excluding value-added tax).

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