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(영문) 인천지방법원 2020.02.06 2019가단247759
집행문부여에 대한 이의의 소
Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court 2019 Chicago1026, July 2019

Reasons

1. Basic facts

A. On November 2, 2009, the ownership transfer registration was completed in the name of H Co., Ltd. on the D Building E, F, and G located in Bupyeong-gu, Incheon (hereinafter “instant commercial building”), each of the real estate listed in the separate sheet, and the ownership transfer registration was completed on June 9, 2016, and the ownership transfer registration was completed in the name of I Co., Ltd. on the same day.

B. On October 18, 2016, the Plaintiff entered into a lease agreement with C to lease the instant commercial building with the following content (hereinafter “instant lease agreement”), and around that time, paid the lease deposit to C, and registered the instant commercial building with the trade name “J” at the place of delivery, and operates health and personal PT business.

Article 3 (Term of Lease) Article 6 (Management Expenses) ① From October 18, 2016 to July 9, 2019, the lessee shall pay the lessor a total of KRW 100 million (E-2,00,000,000,000 won, F-5,000,000,000 won, G-3,000,000 won (E-ho 2,500,000 won, F-ho 6,000 won, G-ho 3,050,000 won, and value-added tax separately) of Article 5 (Rent), as actual expenses, the lessee shall pay the lessor the management expenses (such as electricity and water supply and drainage fees, and other expenses to be paid by the user of each unit, etc.) of the building every month.

(2) General management expenses shall be a fixed amount system, and lessee shall pay management expenses (such as cleaning, management service expenses, and other expenses necessary for management services) of a building to a lessor by the end of each month.

Provided, That the date of payment of management expenses may be amended according to the building management situation (management regulations).

Article 18 (Termination of Lease Contract) (1) When the term of lease expires. (2) A lessor and a lessee shall be deemed terminated even during the term of lease if they fall under any of the following subparagraphs:

1. Where any cause referred to in the subparagraphs of Article 19 (2) occurs. Article 19 (Amendment and Termination of Contracts) (2) A lessor and a lessee shall have any of the following causes:

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