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(영문) 서울서부지방법원 2017.08.24 2016가합30708
부동산명도
Text

1. The plaintiff's main claim is dismissed.

2. The defendant

(a)48,625,947 won;

(b) from July 1, 2017.

Reasons

1. Basic facts

A. On July 5, 2013, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 300,000,000, monthly rent of KRW 12,00,000 ( separate value-added tax, and payment on the 12th day of each month).

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows:

2. (A) Article 2(1) of the Terms and Conditions of the Agreement provides that a lessor shall deliver the said real estate (referring to the “instant real estate”) to the lessor by July 12, 2013 as the lessor can use the said real estate for the purpose of the lease, and the lease period is extended from the date of delivery to July 11, 2015 (24 months).

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the use or structure of the above real estate, transfer the right of lease or offer the security thereof, or use it for purposes other than those of lease without the consent of the lessor

Article 4 (Termination of Contract) If a lessee has failed to pay rent for at least two consecutive periods, or has violated Article 3, the lessor may terminate the contract immediately.

(a) Matters of a special agreement;

-the term of the contract shall be two years, but if this article is not sold, the present lessee may extend the contract on a yearly basis, and shall not increase the rent only for the first one-year extension, and shall decide upon the increase or decrease of rent from the next extension contract in consultation.

(b)

-30 days from the balance date shall be exempt from rent for the period of construction by the lessee and shall be paid monthly from September 12, 2013.

- The amount of construction costs shall be KRW 0,000,000 and, if the lessee complies with the order within two years due to the sale and purchase of the goods under this contract, the lessee shall be paid an amount calculated by multiplying the remaining months of the contract by 0 million won per day.

- The lessee may not claim any premium to the lessor when two years have elapsed;

- This paper.

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