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(영문) 수원지방법원 평택지원 2018.09.07 2017가단7595
건물철거 및 토지인도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated 1, 2, 3, 4, 5, 6, and 7. of the attached Form No. 1, 2, 3, 4, 6, 7.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a land lease agreement between the Plaintiff and the Defendant (hereinafter “instant land”). The Plaintiff is the owner of Pyeongtaek-si B large-400 square meters (hereinafter “instant land”), and the Defendant is a corporation established for the purpose of restaurant management and food materials distribution business.

(2) As a result of a large-scale urban development project, multiple new apartment construction works were undertaken in the vicinity of the instant land, the Defendant constructed a restaurant building on the instant land for a short time and operated a brine restaurant, and leased the instant land from the Plaintiff on August 10, 2015 on the following terms (hereinafter “instant lease agreement”).

From September 21, 2015 to March 21, 2018, a lessee may not change the purpose or structure of the real estate, sub-lease, transfer the right of lease, or provide security without the consent of the lessor, or use it for any purpose other than the purpose of lease (Article 3). Where the lease contract is terminated, the lessee may immediately terminate the lease contract where the lessee is unable to recover the above real estate to return it to the original state and return it, the other party may claim damages, and the contract may claim damages, unless otherwise agreed, and the contract payment is confirmed to be based on damages.

(3) The ownership of a building shall be made in the name of the lessor, and construction costs and removal costs shall be borne by the lessee.

(5) Value-added taxes shall be levied.

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