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(영문) 대구지방법원 2018.02.22 2016가합206578
손해배상(기)
Text

The defendant shall pay 31,348,310 won to the plaintiff and 15% per annum from December 21, 2017 to the day of complete payment.

Reasons

Basic Facts

On December 31, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the same as the following terms: (a) on February 5, 2016, the Plaintiff entered into a model house up to February 28, 2017 with the retention period on the said land (hereinafter “instant model house”) with the Defendant for the construction and use of model houses to be used for publicity of the housing sales business; and (b) on the said land, the Plaintiff constructed a model house with the retention period up to February 28, 2017 (hereinafter “instant model house”).

Article 1 (Purpose of Lease) The purpose of this Agreement is to lease the leased land to “B” (referring to the Plaintiff in this case; hereinafter the same shall apply in the instant lease agreement) for the use of the model house, and “B” for the purpose of paying rent and using it for the designated purpose.

Article 2 (Terms and Conditions of Contract and Method of Payment) (1) Terms and conditions of the lease of the leased land shall be as follows:

The terms and conditions of payment for the classification of the total rent of 480,000,000 won (AT separate) for 12 months from January 15, 2016 to January 14, 2017, under the classification of the terms and conditions of payment (VT), 50,000,000 won for the intermediate payment (190,000,000 won for the intermediate payment (2j) 190,000 won on January 11, 2016, and 240,000 won for the remainder (3j) 480,000,000,000 won on March 1, 2016, and Article 4 (Lessee's Obligations) (1) "B" shall not use the land for any purpose other than that of lease as specified in Article 1.

(2) The term "B" shall not transfer, sublease, provide security, or change any other possessory right to the leased real estate (lease) to another person.

shall immediately terminate the contract when the violation is committed.

In addition, all civil and criminal responsibilities are responsible.

Provided, That this shall not apply where the lessor's written consent is obtained.

(5) "B" shall restore the leased land before the expiration of the term of lease to the original state and shall be "A" by the date following the end of the lease.

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