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(영문) 창원지방법원마산지원 2015.10.16 2014가합2143
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 36,843,00 to the Plaintiff (Counterclaim Defendant) and its related amount from July 18, 2015 to October 16, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

B. Around 2013, when the Plaintiff sold the instant building to the Defendant, the Plaintiff established a medical corporation and merged with the Plaintiff, and subsequently, decided to operate a convalescent hospital along with the instant building.

Lease deposit of 1,081,52 square meters (327.16 square meters) of 6 1,081.52 square meters (327.16 square meters) of 7 1,072.10 square meters (324.31 square meters) of 8 1,071.26 square meters (324.06 square meters): 400 million won in monthly rent of KRW 400 million: The lease period of KRW 20 million from November 8, 2013 to November 7, 2016 (management and maintenance expenses) of the instant building: management expenses of KRW 4,000 per square year including the sharing area.

(hereinafter) (2) If the Defendant wishes to install and use additional living consumption facilities, such as electricity, water, and gas air-conditioning facilities, inside a leased building for business needs, he/she shall obtain prior consent from the Plaintiff, and the lessee shall make additional payment (excluding value-added tax) every month, regardless of the management expenses.

(4) The defendant shall bear management expenses regardless of whether the building was used after the commencement date of lease, and shall bear 3% interest per month for the number of delayed days in addition to management expenses, if the payment period has been delayed.

(5) If the defendant fails to pay management expenses for at least two months, the building manager may do so after posting the contents of the subdivision, fraction, etc. in the defendant and the building, and shall bear all civil and criminal responsibilities and expenses in relation thereto.

Article 7 (Interior Repair of Building during Lease Period) (1) Where the defendant requests the plaintiff to repair (including the design) the inside of the leased building in use during the lease contract period, and the plaintiff will perform it, the expenses shall be borne in full by the defendant.

Article 10 (Right of Lessee to Termination of Contract) The Defendant is listed as follows:

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