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(영문) 대구지방법원영덕지원 2016.08.09 2016가단4339
지상물매수
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On May 8, 2012, the Plaintiff entered into a lease agreement with the Defendant on the land indicated in attached Table 1 (hereinafter “instant land”).

(B) the lease deposit was leased KRW 15 million per annum, KRW 15 million per annum (in consultation every two years), and KRW 7 years from the date of concluding the lease contract (hereinafter “instant lease contract”).

2) At the time of entering into the instant lease agreement, the Plaintiff and the Defendant agreed to the following provisions and special agreement:

(C) Under the following, “Lessee” refers to the Plaintiff, and “Lessee” refers to the Defendant respectively. Taxes and other public charges on the leased object under Article 4 (Tax, etc.) of the Real Estate Lease Agreement shall be borne by the lessee.

Article 5 (Arrears, etc. of Rent) If a lessee fails to pay a rent for two months from the date when the lease becomes effective, is declared bankrupt, or fails to pay the rent despite the peremptory notice of the lessor in violation of each paragraph of this Agreement, the lessor may terminate the lease contract.

In order to use a lessee under Article 1 of the special agreement, permission for development activities, building permission, and registration of preservation of ownership shall be granted in the name of a lessor, and all necessary expenses (such as taxes, public charges, taxes, and taxes)

Article 2. When the contract period expires, all buildings and all facilities shall be removed, and shall be restored to the original state at the time of the contract in principle, and if necessary, the lessee shall be determined through mutual

The outstanding amount shall be paid at least 10 million won by July 30, 2012, among the security deposit of 15 million won.

3) On the ground of the instant land, the Plaintiff is a Class 1 neighborhood living facility, a detached house of 10 units (attached Form 2; hereinafter “instant permitted building”).

On July 25, 2012, after completing the registration of the building ledger in the name of the defendant, it is used as a field restaurant and a lodging room for the public.

B. The Plaintiff entered into an additional lease agreement to the Defendant.

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