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(영문) 대구고등법원 2020.12.09 2019나24644
건물명도(인도)
Text

1. The judgment of the first instance court, including a claim that has been reduced and expanded in the trial, shall be modified as follows:

Reasons

1. K (a lessor; hereinafter “A”) and the Defendants and J (a lessee; hereinafter “B”) enter into a lease agreement as follows.

1. Indication of leased articles (2) : Sales/ retail stores/medical treatment (a hospital)/Class I neighborhood living facilities (4) : A pharmacy;

2. Article 1 (Rental Deposit and Rent) A of the terms and conditions of the contract shall lease the security deposit, monthly rent, and management expenses of the said article to B as follows:

Deposit KRW 500,000,000 for down payment of KRW 100,000 for the first installment (payment) on the date of the contract (payment) 100,000,000 for the first installment payment of KRW 100,000 for the second installment payment of KRW 100,000 for the second installment payment of KRW 100,000 for the second installment payment of KRW 200,000 for the last installment of April 11, 2013 (payment completion) on the fifth day of May 3, 2013 (the Bank), the fifth day of May 3, 200 for the first installment of KRW 480,00 for the first installment of KRW 480,00 for the first installment (excluding value-added tax), and Eul may not have any right to use or benefit from any leased object other than the right to use or benefit from the leased object as prescribed in this Agreement.

2. Eul may conduct business activities only for the types of business specified above (1) (the indication of leased articles) and Gap shall guarantee the monopoly rights to the relevant types of business.

Article 3 (Term of Lease) The term of lease under this Agreement shall be deemed to be extended for one year, unless a written notice of the expiration of the contract is given by either of the two parties three months before the expiration of the term of the lease under Article 4 (Renewal of Lease Contract) on May 13, 2013 to May 12, 2018.

Provided, That if an agreement on deposit and monthly rent is not reached at least three months prior to the expiration of the contract term, this contract shall be deemed terminated.

Article 24 (Special Agreement) A and B may separately stipulate a special agreement for necessary matters other than those prescribed in Articles 1 through 23.

[Matters of Special Agreement]

2. The contract period shall be five years;

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