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(영문) 광주지방법원 2016.06.17 2015가합1170
건물명도 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 12, 2012, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the following purporting to lease three-story 737.12 square meters, four-story 737.12 square meters, five-story 226.62 square meters (hereinafter “instant building”) among the buildings indicated in the attached list owned by the Defendant and the Plaintiffs.

1. Three stories, four stories, and five stories, all of the part to be leased with the structure and use of the structure and use of the steel-frame structure of a building with a size of 928 square meters in general commercial area of land in three lots, the land category of which is 928 square meters, Mapo-si, Mapo-si, Jeonnam-si, and three stories;

2. For the purpose of a contract, the purpose of the lease is to operate the film business and to operate incidental business (hereinafter referred to as “scalkies, stores, carpeta, and other convenience facilities, etc. to gather customers”); and

3.In the lease of the above real estate, Article 1 of the Terms and Conditions of the Contract, the lessee will pay the lease deposit and the rent as follows:

The deposit of KRW 30 million shall be paid to the lessor at the time of the contract, and the balance of KRW 27 million shall be paid to the lessor on November 30, 2012.

The rent of KRW 2 million shall be paid in advance on the 20th of each month.

Article 2 The lessor shall deliver the above real estate to the lessee from December 20, 2012, and the term of lease shall be 120 months from the date of delivery.

Article 3 A lessee may, if necessary, transfer leased real estate (hereinafter referred to as "operator of film business and ancillary facilities") to a third party or a lessor under the same lease contract (including the right to renew a lease contract) as of the base date for transfer of business, and the lessor shall actively cooperate therewith.

Article 4 If the lessee fails to pay the rent for the second period, the lessor may terminate the lease contract.

Matters of special agreement

1. The term of lease shall be ten years;

However, for six months from the date of occupancy, the monthly rent shall be 1.5 million won for one year after the free termination of the occupancy.

2. One lessee who has renewed a contract due to the expiration of the term of lease shall be responsible for the expiration of the contract.

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