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(영문) 서울중앙지방법원 2018.06.29 2017가합552521
임차권설정등기말소청구
Text

1. On December 4, 2014, the Defendant registered the Seoul Central District Court with respect to each real estate listed in the separate sheet No. 1 list to the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd., on behalf of the Plaintiff (hereinafter collectively referred to as “Plaintiff”) and the Defendant and D Co., Ltd. (hereinafter referred to as “D”) on December 20, 2013, concluded a lease agreement (hereinafter referred to as “instant lease agreement”) with respect to the real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant building”) on behalf of the Plaintiff, which was owned by the Defendant and D Co., Ltd. (hereinafter referred to as “Plaintiff”) as to the first floor E-F, the first floor G-H, and the second floor I-H (hereinafter referred to as “the instant lease agreement”). The lessor concluded the lease agreement with the lessee as the Defendant (hereinafter referred to as “the instant lease agreement”).

However, the commencement of lease was determined as “the date of completion of sale” under the real estate sales contract for the instant building between the Plaintiff and D.

Article 3 (Method of Payment of Lease Deposit) (hereinafter "Method of Payment of Lease Deposit") of the Lease Contract (hereinafter "Lease Contract") shall be paid to the Plaintiff KRW 2,500,000 to the account designated by the Plaintiff on the commencement date of lease.

Article 4 (Payment of Monthly Rent) (1) The defendant shall pay monthly rent of KRW 323,176,964 (excluding value-added tax) to the plaintiff on the 10th of each month after the commencement date of the lease.

Article 6 (Management Expenses, ethyl ethyl Expenses, Taxes and Taxes) (1) In consideration of the Plaintiff’s operation, management, maintenance, and repair of the entire building, including leased objects, the Defendant shall pay 27,762,800 won (6,050 won per square meter, value-added tax separately) as management expenses to the bank account designated by the Plaintiff or the manager prescribed by the Plaintiff by the tenth day of each month.

Article 7 (Entry and Opening Point) The defendant shall set up and open the leased object on the commencement date of the lease, and the defendant shall bear the deposit, rent, management expenses, ethyl expenses, taxes and public charges, etc., as prescribed by this Agreement, regardless of whether or not the lease takes place after the commencement date of the lease under this contract, and shall damage all the internal facilities arising from the unpaid rent.

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