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(영문) 대구고등법원 2015.09.03 2015나22
정산금 등
Text

1. The plaintiff's supplementary intervenor's application for participation shall be dismissed.

2. The plaintiff's change of part of the claim in the trial.

Reasons

1. Basic facts

A. The Defendant’s new construction of the Defendant’s building 1) On March 10, 1995, the Defendant is 2,265m2,265m2 (hereinafter “instant land”).

(2) On the ground, one unit of a single-story building (the steel reinforced concrete structure slive roof one-story, 96.0 square meters and 97.5 square meters and 97.5 square meters and hereinafter “existing Adong building”).

A) A new construction, and on July 11, 1995, the registration of ownership in the name of the Defendant was completed with respect to the existing Adong building. On August 1, 1999, the Defendant, among the existing Adong buildings, newly constructed one unit of a single-story building [one unit of a steel reinforced concrete panel structure, the first class neighborhood living facilities (retail stores), the first class neighborhood living facilities (retail stores), and the second class neighborhood living facilities (e.g., 97.5 square meters) into a single house. 2) On October 2, 2006, the Defendant newly built a single-story building on the ground of the instant land (hereinafter “existing Bdong building”).

B. On May 7, 2007, the Plaintiff’s Intervenor E entered into a lease agreement between the Plaintiff and the Defendant, on behalf of the Plaintiff, with the terms that the Plaintiff would lease the existing Adong building and B building from the Defendant, KRW 50,00,000, monthly rent of KRW 150,000, and KRW 7 years (existing Adong building) from September 15, 2007 and five years (existing Bdong building) on behalf of the Plaintiff (hereinafter “instant lease agreement”).

The details of the instant lease agreement are as follows.

(A) 【Lease No. 1’, 【Lease Contract】 The lease deposit for the existing A-dong building and the existing B-dong building lease deposit amount of KRW 50,000 shall be paid as follows:

approximately KRW 10,000,000 shall be payable to the lessor (the defendant) at the same time as the contract for this case.

The Do Governor 30,000,000 won shall be paid until May 14, 2007.

Balance 10,000,000 won shall be paid by May 28, 2007.

The rent shall be calculated on a monthly basis from November 15, 2007, with the monthly rent of KRW 1,500,000, and shall be paid in advance on the 15th of each month.

1. The above real estate.

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