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(영문) 인천지방법원 2015.12.11 2014가합59121
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Each facility indicated in the attachment No. 1 shall be indicated.

Reasons

1. Under the underlying facts, each of the facts under the following may be found either as a dispute between the parties, or as a whole by taking account of Gap evidence 1 to 5, Eul evidence 1 (including each number, if any), and the whole purport of the arguments as a result of the request for appraisal to the Vice-Governor of the Korea Cadastral Corporation in Incheon, the Court.

The Plaintiff is the owner of each real estate indicated in the separate sheet No. 2 (hereinafter “each of the instant real estate”). The Defendant leased each of the instant real estate from the Plaintiff and installed each of the facilities indicated in the separate sheet No. 1 (hereinafter “each of the instant facilities”) on the ground, and occupied each of the instant real estate and run warehouse business, etc.

B. On February 17, 2009, the Plaintiff entered into an initial lease agreement with the Defendant on each of the instant real estate, and subsequently entered into a new lease agreement with the following terms (hereinafter “instant lease agreement”) around February 20, 2012, around the time when the lease term expires.

- Article 4 (Lease Period): From March 1, 2012 to February 28, 2013 - Article 5 (Collection and Adjustment of Rent): Rent shall be calculated on a yearly basis from the commencement date of the lease to 12 months in installments.

The annual rent shall be KRW 378,478,420 (excluding value-added tax).

Article 6 (Payment of Rent): The defendant must pay the rent under the payment notice issued by the plaintiff within the due date.

If the defendant fails to pay the rent by the designated deadline, additional charges shall be collected according to the number of overdue days under Article 39 of the State Property Act.

(12% per annum when the period of delay is less than one month, 13% per annum when the period of delay is more than one month but not more than three months, 14% per annum when the period of delay is more than three months and less than six months, and 15% per annum when the period is more than six months). The defendant shall also pay the value-added tax calculated in accordance with the Value-Added Tax Act at the

The Defendant shall restore the leased property to its original state even after the lease term expires or the contract is terminated.

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