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(영문) 대구지방법원서부지원 2016.04.28 2015가합5591
건물명도
Text

1. Defendant A:

(a) deliver the real estate listed in the separate sheet;

(b) 13,301,396 Won and this shall apply.

Reasons

1. Facts of recognition;

A. On November 20, 2014, the Plaintiff entered into a lease agreement between Defendant B and the Plaintiff on the real estate listed in the separate sheet (hereinafter “the instant telecom”) with Defendant B, for KRW 100 million, KRW 12870,000,000 per month for the tea (the amount including value-added tax, and all rents shall be based on the amount including value-added tax; hereinafter the same shall apply), and the period from January 5, 2015 to June 5, 2016, and the Defendant B paid KRW 20,000 as the down payment to the Plaintiff around the date of the said agreement.

B. On December 31, 2014, the Plaintiff changed the name of the lessee under the above lease agreement with the Defendant A to the said Defendant, and entered into a lease agreement with the Defendant from January 5, 2015 to June 4, 2016 (hereinafter “instant lease agreement”) on the fiveth day of each month and the period from January 5, 2015 to June 4, 2016 (hereinafter “instant lease agreement”), and the main contents of the relevant special agreement are as follows.

2. Where a lessee fails to pay a rent for at least two months (two months), the lessor may terminate the relevant contract without the peremptory notice;

3. If a lessee fails to pay a rent, an amount equivalent to 2% per month shall be paid from the date following the arrears.

9. A measure shall be taken to enable the lessor to take responsibility for and benefit from the business where the business of the pipeline leakage, flood control and boiler of the building would be hindered.

12. Public imposts, etc. shall be settled on the basis of the date they are used, and succession to the status of a business operator and a business operator shall be registered

Upon the expiration of the contract, the lessee shall immediately succeed to the status of the lessor or the designated person of the lessor.

13. The lessor shall consent to the establishment of chonsegwon on deposit money.

C. On January 2, 2015, Defendant A paid the remainder of deposit KRW 80 million to the Plaintiff, and received delivery from the Plaintiff of the instant telecom, and is identical to the Plaintiff’s business report as described in Section 1(c) of the Disposition A (hereinafter “instant business report”) and the entry in Section 1(d) of the Disposition.

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