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(영문) 서울서부지방법원 2017.09.21 2017가합32039
토지인도 등 청구의 소
Text

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

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

(b) 61,500.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The facts below the facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1 to 7, 10, 13, 14, and Eul evidence Nos. 1 and 2 (including the serial numbers; hereinafter the same shall apply), together with the whole purport of the pleadings.

The Plaintiff is a person who owns each real estate listed in the separate sheet (hereinafter “instant real estate”) as a company engaging in trade business, real estate leasing business, etc., and the Defendant is a company engaging in logistics storage and delivery business.

B. On March 15, 2013, the Defendant entered into a contract with the Plaintiff to lease the instant real estate with the following content (hereinafter “instant lease contract”), and from the Plaintiff (Article 1) (Article 1) the monthly rent of the instant real estate, the payment period for the deposit and the lessee is as follows.

Rent: 10,000,000 won shall be the later payment rate on the first day of each month.

[Article 2] The lessor shall deliver the said real estate to the lessee by April 1, 2013, while the lessor shall be free from the delivery date until December 31, 2014 (21 months).

[Article 4] Where a lessee has failed to pay a rent more than three times, or violates Article 3, the lessor may terminate the contract.

[Article 5] When a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor, and the lessor shall return the deposit to the lessee.

[Matters of Special Agreement]

2. Issuance of tax invoices and value-added taxes shall be separately made;

3.The portion of electricity use is so high-tension that it is currently high-tensions, so it shall be adjusted to the minimum capacity and shall be provided to the lessee.

The instant real estate was handed over.

C. After that, on May 22, 2013 between the Plaintiff and the Defendant, with respect to the instant lease agreement, Incheon District Court Branch Decision 2013No. 42, supra.

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