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(영문) 창원지방법원통영지원 2019.09.05 2018가합11844
매매대금
Text

1. The Defendants were to sell and purchase real estate listed in the separate sheet from the Plaintiff on November 1, 2018.

Reasons

Basic Facts

On September 25, 2013, the Plaintiff purchased F building G (attached Form; hereinafter referred to as “instant real estate”) from D Co., Ltd. on KRW 639,90,000 for purchase price, and completed the registration of ownership transfer on November 15, 2013.

H It is the old name of H building F.

The purpose of Article 1 (Purpose) of the Lease and Management Delegation Contract is to rent and pay rent to the Plaintiff for the purpose of leasing the Plaintiff’s real estate to a foreigner, and to maintain and manage the facilities safely.

Article 3 (Foreign Lease Terms, Term of Contract, and Compensation for Damages) ① The term of the first lease and entrusted management contract is a state in which the instant real estate can be used for the purpose of leasing foreigners, i.e., the period from the time when a foreign company is scheduled to move into the zone to October 31, 2018 and the Defendant B cannot terminate the contract by itself before the expiration of the contract.

Provided, That if the plaintiff and the defendant B agree, the contract period may be extended and reduced.

(2) The monthly rent for the first fixed lease period shall be 4.5 million won and shall be paid on the 20th of the following month.

(3) After the completion of the first term of lease, Defendant B has the right to participate in an extension option on a one-half-year basis, and in such cases, the monthly rent and conditions of payment shall be determined by mutual agreement.

(A) On September 25, 2013 (hereinafter the content omitted), Defendant B’s representative director, who arranged for the sale of the instant real estate and the lease contract for a foreigner, received with Defendant B’s promise, promised to purchase the said real estate at the initial sale price only if he/she requests the purchase from the Plaintiff in writing two months before the end of the first fixed lease period, and on September 25, 2013, Defendant B’s representative director I and Defendant B Co., Ltd (hereinafter “Defendant B”) entered into the lease and management delegation contract (hereinafter “instant contract”).

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