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(영문) 인천지방법원 2020.02.06 2019가단231624
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex 1 list;

B. Attached 2 Business Permits shall be stated.

Reasons

1. Basic facts

A. On December 19, 2017, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in the [Attachment 1] List owned by the Plaintiff (hereinafter “instant real estate”), with the following terms and conditions from December 31, 2017 to December 30, 202, including the lease deposit amount of KRW 50 million, monthly rent of KRW 3 million, and the lease term of KRW 3 million from December 31, 2017 to December 30, 202:

[Matters of Special Agreement]

1. It shall be leased under the present state of facilities;

2. Separate value-added tax;

3. Amusement tavern 155.87 square meters and 94.78 square meters;

4. The lessee shall be deemed null and void this contract if the lessor makes a request for the overdue rent for at least two months, and shall transfer all business-related matters to the lessor immediately;

(5) A lessee shall be fully liable if he/she is subject to an administrative disposition due to a violation of laws and regulations during his/her business and shall be fully compensated if any loss occurs to the lessor.

6. All taxes generated by entertainment taverns (in cases of amusement taxes imposed on land and buildings) and other expenses incurred therein shall be borne by lessees;

7. The lessee shall set up to the lessor the principal of the right to collateral security of D Apartment E in the name of the owner C, which is KRW 15 million, out of the principal amount of KRW 65 million, the lessee shall make a guarantee by the F who is the transferor of the right to operate the building in the name of the owner C.

In addition, the right to collateral security will be cancelled simultaneously with repayment by the end of January 2018. If the repayment is not made by the end of January 2018, the right to collateral security will be cancelled.

8. Other matters shall be governed by the Civil Act, the Lease Protection Act and the general practices of real estate lease contracts.

9. The lessee shall be ordered on December 18, 2017 for this building.

B. On December 20, 2017, the Plaintiff entered into a mortgage contract with C and Gyeyang-gu Incheon, which covers KRW 78 million of the maximum debt amount, with respect to D apartment E, and on the same day, “the establishment registration of a mortgage near Incheon District Court No. 477175”.

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