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(영문) 광주고등법원(전주) 2013.07.25 2013나916
건물인도 등
Text

1.The judgment of the first instance, including any claims added at the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On September 5, 2009, the Plaintiff concluded a lease agreement with the Defendant on the attached list owned by the Plaintiff (hereinafter “instant building”) with regard to the lease deposit of KRW 270,000,000, monthly rent of KRW 13,000,000 (payment on October 8, 2009) and the term of lease of KRW 1 year from October 8, 2009 to October 7, 2010 (hereinafter “the instant lease agreement”). As the special terms of the said lease agreement, the Plaintiff determined that “a lessee shall make the lessee’s report on business succession, etc. upon the expiration of the term of lease to the lessor or the lessee designated by the lessor.”

(Article 17). (b) of the Special Agreement on the Real Estate Lease Contract for Document No. 1 A

On October 8, 2009, the Plaintiff received all the above lease deposit from the Defendant, and delivered the instant building to the Defendant, and completed the registration of establishment of chonsegwon with a deposit money of KRW 270,000 on the instant building as to the instant building, and the Defendant operated a telecom business after completing the report of the accommodation business in the name of “C” from the instant building.

C. After that, on March 29, 2012, the Plaintiff agreed to terminate the instant lease agreement with the Defendant, and the Defendant delivered the instant building to the Plaintiff by April 2, 2012, but until that time, agreed to the settlement of overdue rent of the Defendant, the delivery of the instant building, etc. (hereinafter “instant agreement”).

In transferring the building of this case, the Defendant shall pay the Plaintiff the unpaid rent of KRW 50,000,000 and value-added tax of KRW 10,000.

The plaintiff shall pay 12,500,000 won for premiums to the defendant.

The defendant delivers the instant building to the plaintiff by April 2, 2012.

The defendant shall transfer the right to lease on a deposit basis established in the building of this case to a new lessee.

If the Defendant did not deliver the instant building on the delivery date stipulated above, the unpaid rent by April 2, 2012 shall be KRW 58,000,000 at one time for six months.

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