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(영문) 의정부지방법원 2016.08.19 2014가합4092
부동산 인도 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant-Counterclaim Plaintiff Co., Ltd. shall have 10,785 square meters of land for E in Yangyang-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 3, 2005, Defendant B entered into an agreement with the Plaintiff to lease approximately 4,000 square meters (11,392 square meters) out of 50,795 square meters of forest land in Namyang-si, Namyang-si, the Plaintiff owned by the Plaintiff (hereinafter “instant lease”), with a view to running the business of crushinging ready-mixed, brick, and chilling stone, and the main contents thereof are as follows.

Agreement

1. The lease period shall be one hundred thousand won or less;

2. The lease deposit shall be one hundred million won;

3.The rent shall be thirty million won per annum and shall be raised by ten percent per three years.

Provided, That rent shall be paid in advance at the beginning and simultaneously.

(10 million won by year)

4.If the above conditions are concluded under mutual agreement, a contract shall be concluded, and the lessee's business type shall be ready-mixeds, bricks, and drhographers.

7.In order to obtain the licence, this Agreement shall be notarial in the office of a notary public.

except that the above owner may not transfer to another person the leased land (forest).

B. On July 28, 2006, Defendant B was approved by the Namyang-si to newly build a factory for the purpose of manufacturing concrete others, devices, bricks, and blocks on the ground of the instant leased land.

On April 23, 2007, the Plaintiff and Defendant B agreed to partially amend the instant lease agreement, and accordingly, written a written contract (hereinafter “instant lease agreement”). The main contents are as follows.

Contract lease period: 15 years from the date of notarial acts.

Lease deposit: The rent for the year of the gold-day 100,000 won (10,000 won): the gold 30,000 won (30,000 won) shall be paid in advance at the same time as the contract document is notarized.

Purpose of Project:

1. The business objectives of Defendant B are ready-mixeds, bricks, and non-metallic minerals production business (raw-water scrapers).

2. No change other than the above types of business may be made.

3. Defendant B shall pay rent each year in advance, but shall cease all projects if the rent is not due.

However, it is possible to pay rent.

4. Defendant B shall be leased.

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