(영문) 서울중앙지방법원 2016.11.02 2016가단5096138

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(영문) 서울중앙지방법원 2016.11.02 2016가단5096138

임대료청구

Text

1. The defendant shall be the plaintiff.

(a) KRW 44,360,910 as well as 6% per annum from May 1, 2016 to November 2, 2016;

Reasons

1. Facts of recognition;

A. The Plaintiff purchased each of the buildings listed in paragraphs 1 and 2 of the attached Table 1 of the Plaintiff’s list (hereinafter “building Nos. 1 and 2”) on November 19, 2014 from Sung Chang-ro Co., Ltd., and the building No. 2 on November 21, 2014. (2) The Plaintiff completed the registration of ownership transfer in the Plaintiff’s name as to the building Nos. 1 and 2 on June 23, 2015.

B. As to the building No. 1 on November 19, 2014, the Plaintiff entered into a lease agreement with the Defendant and the Defendant, and as to the building No. 2 on November 21, 2014, the Plaintiff entered into a lease agreement with the Defendant for a period of ten years from the commencement date of the lease.

Specific contents are as follows, and the total sale price, which is the basis for the calculation of rent, is KRW 504,200,000, and KRW 465,70,000.

2. Term of lease shall be ten years from the date when one month elapses from the date of approval for the use of a hotel (one month from the date of completion, excluding the date of approval for temporary use; hereinafter referred to as "lease commencement date");

Provided, That the lessee shall be given priority to the lessee after the expiration of the lease period, and the lessor shall accept the contract, except in extenuating circumstances.

3. In the lease contract for the real estate above rent, the lessee shall pay the rent as follows:

(1) The rent shall be paid annual fixed annual rent of 7% per annum on the basis of the total sale price (other than value-added tax) for the ten-year lease period (Provided, That 4% per annum for the first three months of the business year after the date of lease commencement shall be paid, and 7% for the remainder nine months shall be paid).

(2) The annual fixed rent under Paragraph (1) shall be paid in 12-month installments, and the first monthly rent shall be paid on the last day of the month following the month in which the date of commencement of the lease falls (in the case of Saturdays, Sundays and holidays, the following business day; hereinafter the same shall apply), and the next monthly rent shall be paid on the last day of each month.

C. The Defendant’s delayed payment of rent was approved for the use of the building Nos. 1 and 2 on April 9, 2015.

No. 1. Buildings.

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