(영문) 대구지방법원 2016.04.28 2014가합5498

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자간(%)

(영문) 대구지방법원 2016.04.28 2014가합5498

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. At the same time, 420,291,580 won is paid from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation that performs social welfare programs and is the owner of the building listed in the attached list (hereinafter “instant building”). The Defendants are lessees who leased the instant building from the Plaintiff.

B. On October 16, 2009, the Plaintiff entered into a lease agreement with the Defendants and the instant building with the term from October 16, 2009 to October 15, 2012 (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 100,000,000 for the instant building, KRW 3,500,00 for the tea, and the term of lease from October 16, 2009 to October 15, 2012, and thereafter, delivered the instant building to the Defendants, and the Defendants paid the said lease deposit to the Plaintiff.

C. The main part of the instant lease agreement is as follows.

Article 1 Under the agreement between the lessor and the lessee on the lease of the real estate stipulated in Article 2, the lessee shall pay the lessor the lease amount as follows: Article 3, which stipulates that the lessee shall pay the lease amount as follows: Article 4 (Monthly) shall be set the lease amount on the first day of every year; Article 5, which sets the lessee may be reconstructed or altered under the approval of the lessor, for 36 months from the date of the order of the lessee; however, Article 6, which sets the lease amount at the expense of the lessee to pay 10% of the lease amount at the expense of the lessee before the date of conversion of the real estate, shall be paid by both parties to the broker each at the time of the contract, and if the lessee has entered into this contract, the down payment shall be null and void, and if the lessee has entered into this contract, the contract shall not be deemed to have been made void:

When submitting a copy of this contract to the competent tax office under Article 8, both parties to the contract shall not raise an objection to the broker.

Provided, That the monthly rent shall be paid from the date of the contract after three months (in consideration of the repair period).

Expenses, etc. for renovation and repair shall be according to ordinary practices.

The Defendants shall set tar in the instant building.

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