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(영문) 수원지방법원 성남지원 2018.06.26 2017가합405435
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate listed in the annex 1 list;

(b) 61 million won;

Reasons

1. Basic facts

A. A. Around August 2016, the Plaintiff introduced the Defendant from a land manager and received a 10-day cryp treatment from the Defendant, and then experienced health recovery, agreed with the Defendant to operate a club business (hereinafter “instant business”) by investing each cryp technology.

B. Accordingly, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant building on October 10, 2016, with the following content as to the real estate listed in the attached list 1 owned by the Plaintiff (hereinafter “instant building”) as the place of business of the instant business.

Around that time, the Plaintiff delivered the instant building to the Defendant.

A lessor: The lease term of the Plaintiff: The lease term of the Defendant: the monthly special agreement between October 10, 2016 and October 10, 2018: 3.6 million won: This agreement is related to the lessor and the lessee, and therefore, the monthly rent related to the lease is, in principle, applied from May 10, 2017.

C. In addition, the Plaintiff and the Defendant concluded a partnership agreement on October 18, 2016 (hereinafter “instant partnership agreement”).

The main contents are as follows:

1. The Plaintiff’s capital ability and the Defendant’s 81 technical ability and value of the Defendant’s 81 technical ability are recognized under mutual agreement, and thus, they are mutually aware that this business contract is concluded, and thereby, intend to operate a partnership by setting the ratio of ownership as 50% in order to increase mutual benefits.

2. The Plaintiff and the Defendant first set up “C” to be registered as joint business operators at the first stage of the partnership business as the location of the instant building owned by the Plaintiff (the first place of business).

3. The Plaintiff shall invest KRW 150,000,000 in the supply of the primary place of business, the total cost of the facilities, and the cost of the equipment and facilities, etc., and the Plaintiff shall incur subsequent investment costs due to the creation of business profits, etc.

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