(영문) 수원지방법원 2019.05.22 2018가합23974

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(영문) 수원지방법원 2019.05.22 2018가합23974

건물명도(인도)

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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate listed in the separate sheet;

(b) 12,640.

Reasons

1. Facts of recognition;

A. On July 14, 2016, the Defendant entered into a lease agreement with the Plaintiff on the attached list (hereinafter “instant real estate”) stating that “The lease deposit amount of KRW 500 million, monthly rent of KRW 253 million (including additional tax), and July 14, 2021,” with respect to the real estate (hereinafter “instant real estate”) in which the Plaintiff’s C golf driving range (hereinafter “instant golf driving range”) owned by the Plaintiff was located in order to operate the golf driving range, and the key contents thereof are as follows:

Article 2 (Rents)

1. If the Defendant did not pay the monthly rent to the Plaintiff by the due date, the amount of the monthly rent in arrears plus the late payment charge at the rate of 15% per annum.

2. Where the period of lease commences or terminates during a month, it shall be calculated according to the number of days of monthly rent;

3. If the defendant delays or fails to pay the rent, the total sum of the amounts calculated by adding the late payment charges under paragraph (2) until the payment of the rent shall be deducted from the rental deposit.

Article 7 (Nameing of Rental Objects)

2. (1) When the term of lease expires, or when this contract is terminated or terminated, the Defendant shall remove the facilities installed by the Defendant at the expense of the Defendant within three days from the end of this contract, and restore the facilities to its original state before the contract and order the Plaintiff to restore the facilities to its original state.

In addition, when the defendant fails to complete restoration, the plaintiff may restore it at will, and the expenses incurred in restoration shall be borne by the defendant.

All devices shall be taken over and handed over in normal operating conditions.

(3) If the Defendant does not order the leased object even after the termination of this contract, he shall pay to the Plaintiff an amount equivalent to 150% of the rent and management fee as compensation for illegal possession during the period from the day following the expiry date of the contract to the day of order.

At this time, rent shall be the Industrial Bank of Korea at that time.

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