(영문) 울산지방법원 2019.05.29 2018가단63626

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(영문) 울산지방법원 2019.05.29 2018가단63626

토지인도

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1. The defendant shall be the plaintiff.

(a) Attached Form 1, 2, 3, 4, 5, among the area of land for a factory in Ulsan-gu, Ulsan-gu, 29,478.5 square meters;

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of export and import business, waste promotion, recycling and production business, and the Defendant is a company established for the purpose of waste recycling and raw material recycling business.

B. On May 23, 2016, the Plaintiff leased the part (A) of 2,894 square meters on the ship (hereinafter “instant land”) that connects each point of the attached Form 1, 2, 3, 4, 5, and 1 among the 29,478.5 square meters of Ulsan-gu Factory Site C, the Plaintiff owned by the Defendant, in sequence, to the Defendant.

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

1. Indication 1) Location of real estate: The area to be leased under paragraph (C) D (2) in Nam-gu, Ulsan-gu: Land of 2,894 square meters (around 875 square meters);

2. 1) The term of the lease contract: The term of the lease contract shall be extended from June 1, 2016 to May 31, 2019: In principle, the extension of the term of the lease contract shall be made on a yearly basis from May 31, 2019 to every one year, and the detailed matters under the extension contract shall be based on mutual agreement.

3. Deposit (1) Lease contract amount: 200 million won (2. 3 omitted): Monthly rent of 13,125,000 won shall be paid in advance on the first day of each month.

Provided, That where the payment date is a holiday, it shall be paid on the day preceding such holiday.

5. Where it is evident that a lessee’s waste electrical recycling business cannot proceed due to the loss of the competitiveness of the product, such as the termination of the lease contract and the termination or termination of the contract, the lessor may terminate the contract, and the lessee shall restore the leased land to its original condition and return it to the lessor upon receipt of the notification of the termination of the contract from the lessor. In such cases, the lessee shall not raise any objection to the lessor. 3) If the lessee’s waste electrical recycling business is smoothly under way, the lessee shall not terminate or terminate the lease unilaterally for reasons, such as the expiration of the lease contract term, and shall consent to the extension of the contract term.

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