(영문) 수원지방법원성남지원 2019.12.24 2018가합407193

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(영문) 수원지방법원성남지원 2019.12.24 2018가합407193

시설물인도 등 청구

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1. The defendant shall deliver to the plaintiff each facility listed in attached Form 1 or 7, and shall pay KRW 16,872,00 to the plaintiff.

2...

Reasons

1. Facts of recognition;

A. Since around 2016, the Plaintiff installed each of the facilities listed in attached Forms 1 through 7 (hereinafter “instant facilities”) on the 3rd floor of the building in Sungnam-si, Sungnam-si, and “D” has operated a golf practice range (hereinafter “instant golf practice range”).

B. The instant golf driving range is comprised of the instant facilities, 10 golf rocks (7 strings, 3 strings), studs, and studs-practices. The Plaintiff used 10 golf rocks with the instant facilities to be used by the lessee, and it was intended for the lessee to operate a screen golf course by altering studs and studs into a screen golf course. On June 2018, the Plaintiff advertised the instant golf driving range to lease the instant golf course.

C. On June 4, 2018 and June 6, 2018, the Defendant sought the terms and conditions, contents, etc. of the lease from the Plaintiff to E on behalf of the Plaintiff, and concluded the lease agreement, the Defendant would directly take charge of the golf studs. The Defendant leased ten golf 10 golf straws with the instant facilities to the Defendant, and then operated a studs golf course by altering the studs and the studs into a screen golf course.

On June 26, 2018, the Plaintiff and the Defendant drafted a lease agreement containing the following contents: (a) the Defendant leased the instant golf practice range for two years; (b) returned the facilities of the instant golf practice range to the Plaintiff after the contract is terminated; and (c) the Plaintiff jointly pays 1/2 of the building rent, management fee, and electricity fee.

Article 1 (Purpose of Contract) A (the plaintiff, hereinafter the same shall apply) provides leasing facilities to B (the defendant, hereinafter the same shall apply) during the period of lease for this practice hall (from August 1, 2018 to July 31, 2020) and B concludes a contract for the lease of facilities for a certain period for the use of golf facilities to guarantee this.

Article 2 (Rents) Three floors of the Section Building in the name of Section B.

유사 판례

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-서울동부지방법원 2018.11.02 2018고정69

-부산지방법원 2014.10.02 2013가단89477