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(영문) 대구지방법원포항지원 2017.10.31 2015가단10705
건물인도
Text

1. The defendant (Counterclaim plaintiff) has each real estate and steel structure listed in the separate list of real estate to the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 4, 2010, the Plaintiff entered into a lease agreement with Defendant B as the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On November 4, 2010, the Plaintiff entered into the instant lease agreement with the term from November 1, 2010 to October 31, 2015 (hereinafter “instant lease agreement”). Based on the instant lease agreement, the Plaintiff filed a claim against Defendant B for the damages to file a lawsuit against Defendant B on the following grounds: (a) the amount of lease deposit KRW 20,000,000, the amount of rent KRW 170,000,000, and the term of lease from November 1, 2010 to October 31, 2015, and (b) the settlement was concluded on May 30, 2011. The major provisions of the instant lease agreement are as follows.

Reconciliation Clause

1. The respondent (the plaintiff in this case) entered into a lease contract with the applicant (the plaintiff in this case) on November 4, 2010, deposit 20,000, monthly rent of KRW 170,000 (the monthly rent shall be the first day) on November 4, 2010, and the lease term of the lease from November 1, 201 to October 31, 2015 (five years and 60 months). The respondent delivers each real estate listed in the separate sheet to the respondent on October 31, 2015, while the applicant pays KRW 20,00,000 to the respondent.

Provided, That in the event of the loss of the benefit of the lease due to the following reasons, the amount of the lease deposit after deducting the amount of the lease deposit, such as the overdue rent, the amount of the lease deposit, and taxes and public charges, shall be returned, and the real estate stated in the attached list shall be ordered and handed over to the applicant

2. The respondent may not change the use, structure, etc. of each real estate of this case without the consent of the applicant, nor transfer or offer security, and use it for any purpose other than for lease purposes (golf course business).

3. In the event that a practical manager (third party) other than the respondent exercises his authority over and operates the leased object, this contract shall be deemed terminated by the applicant’s notice of termination, and the respondent shall be within three months.

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