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(영문) 의정부지방법원 2018.07.11 2017가합53590
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) 32,571,427 Won and its 14,857,142 Won;

Reasons

1. Basic facts

A. The real estate indicated in the attached Form (hereinafter “instant building”) is owned by the Plaintiff (2/7 shares), the Plaintiff’s form C (2/7 shares), and the Plaintiff’s mother (3/7 shares).

B. On April 1, 2015, the Plaintiff and C and D (hereinafter referred to as “Plaintiff, etc.”) entered into a contract with the Defendant to lease the instant building with the following content (hereinafter “instant lease contract”). Around that time, the instant building was handed over.

Article 1 (Lease Deposit and Rent)

(a) Lease deposit: 100,000,000 won;

(b) Rent: From April 1, 2015 to December 31, 2015, 6,000 won: From January 1, 2016 to December 31, 2016, KRW 7,000,000 per month from January 1, 2016 to December 31, 2016 to March 8, 200,000 won from January 1, 2017 to March 31, 2018: From April 1, 2015 to March 31, 2018, a lessee may not use the real estate for any purpose other than the purpose of lease, such as alteration of the purpose, sub-lease, provision of collateral, etc., without the consent of the lessor.

Article 4 (Termination of Contracts) If a lessee violates Article 3 or falls under any of the following subparagraphs, the lessor may terminate the contract without paying the peremptory notice:

In addition, the lessor does not raise any objection even after the execution of the surrenderation, and if the lessor has suffered any loss, the lessee should compensate for all the loss.

1. Where he/she violates the purpose of use of the main building and the provisions of restrictions on types of business;

2. When the contract period is terminated earlier and the contract period is terminated;

3. Where he/she fails to pay rent and other debts for not less than three months;

4. Where a lessee violates each of the provisions of this contract or violates the management provisions, he/she shall restore the facilities to their original state with the approval of the lessor, even if he/she has altered or performed construction with the approval of the lessor.

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