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(영문) 서울북부지방법원 2015.07.16 2013가합8346
토지인도
Text

1. Defendant C’s KRW 144,643,176 as well as 5% per annum from February 25, 2014 to July 16, 2015, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 24, 2010, the Plaintiff stated that the lessee is “Defendant F” in the Defendant C lease agreement (Evidence A No. 3) but it is reasonable to deem that the lessee of the instant lease agreement is Defendant C as follows.

The following terms and conditions were entered into between the Defendant C and the Plaintiff (hereinafter “instant lease agreement”), and the Defendant C, on April 1, 2010, drafted a letter of commitment to the Plaintiff to pay the rental deposit for light deposits for rent under the instant lease agreement to the Plaintiff on the same day.

Article 1 (Lease Contents) Article 1 (Lease Contents) (Lease Contents) of the tenant of the plaintiff (hereinafter referred to as "A") shall enter into a lease contract with the tenant in leasing the following land:

- Land: Part 1,100 square meters (hereinafter “instant leased land”) out of the land (total of 6,737 square meters, hereinafter “instant land”) on H and 12 parcels, Dobong-gu Seoul Metropolitan Government (hereinafter “instant leased land”).

Article 2 (Purpose of Lease) A shall lease the entire land to B as an off-road parking lot site, and B shall not use it for any purpose other than the designated purpose. The term of lease under Article 3 (Term of Lease) shall be one year from April 1, 2010 to March 31, 201: Provided, That where the land is sold, the term of lease may be extended at the request of B to the extent that it does not interfere with A’s objective of business. However, if the land is sold, the term of the contract immediately after the termination of the contract shall be terminated, and the land shall be promptly handed over to B after the restoration. Article 4 (Lease Rent) (1) of B shall pay rent 4,200,000 (excluding value-added tax) for one year after the conclusion of the lease contract: Provided, That the amount of rent 50,400,000 (value-added tax shall be paid in advance to A separately.

(2) Eul shall pay 10/100 of monthly rent to A as value-added tax on the last day of each month.

(3) Use shall be made without a renewal contract after the contract term expires.

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