beta
(영문) 서울서부지방법원 2016.01.20 2015가합36679

임대차계약존속 확인

Text

1. As to the real estate indicated in the attachment No. 1 between the Plaintiff and the Defendant, the lease contract indicated in the attachment No. 2.

Reasons

1. Facts of recognition;

A. On June 29, 2007, the Plaintiff entered into a separate agreement with the Defendant with the following terms of the lease agreement (hereinafter “first lease agreement”) with respect to the real estate indicated in the annexed real estate No. 1 (hereinafter “instant real estate”), and with other lessors against the Defendant (the Defendant entered into a separate agreement with each other for the purpose of using each shop owned by four persons, including the Plaintiff, as a business store (Korean bank B branch)) (hereinafter “instant agreement”), and each of the main contents are as follows:

[Initial Lease Contract] Article 2 (Lease Deposit) (1) The lease deposit of the real estate of this case shall be 500,000,000 won.

Article 3 (Lease) ① Monthly Rent shall be KRW 4,200,00 (excluding value-added tax; hereinafter the same shall apply), and the lessee shall deposit the monthly rent into the account designated by the lessor by the end of each month upon request of the lessor, such as a tax invoice.

Article 4 (Period of Lease Contract) (1) For five years from the first business day of the lessee (which can be on May 3, 2008), and the contract period shall not be terminated until the contract period is terminated.

(2) The term of a lease contract shall be automatically extended one year to the other party unless written notification of a change in the terms and conditions of the contract to the other party three months before the term of the lease contract expires.

Where it is intended to terminate in the middle due to the circumstances of a lessor or lessee during the period of automatic extension or extension after the expiration of the lease contract period referred to in Article 4, a written notice shall be given to the other party by not later than three months.

[Agreement of this case] The plaintiffs, C, D, and Esti Construction (hereinafter "Lessee") and the defendant (hereinafter "Lessee") agree separately from the real estate lease agreement of June 29, 2007 between the parties as follows.

1. The lessor shall not later than the commencement date of the lessee’s business;