부동산 인도 등
1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows.
The plaintiff's claim.
1. The facts under the underlying facts may be found either in dispute between the parties or in full view of the overall purport of the pleadings with respect to the entries in Gap evidence 1 and 2 (including the number of pages; hereinafter the same shall apply) and witness C of the first instance trial.
[1] On April 30, 2010, the Plaintiff entered into a contract with C (the pilot of the Defendant) and the Defendant to lease each real estate listed in the separate sheet (hereinafter “instant real estate”) with the terms that the Plaintiff shall set the lease deposit amount of KRW 65,00,000, monthly rent of KRW 3,100,000, and the lease period of KRW 5 years from June 7, 2010 to June 6, 2015 (hereinafter “instant lease agreement”).
In the instant lease agreement, the following special agreements were concluded:
1. If the plaintiff delivers the real estate to the defendant under the current condition of the facility, the defendant will repair and use it during the lease period.
2. The Plaintiff cooperates with the Defendant in substantial repair or rebuilding of the building.
3. The monthly rent shall be the subsequent payment; and
The management expenses shall be deemed to have no separate management expenses during the lease period, and the public charges (electric charges, gas charges, water charges, cleaning expenses for septic tanks, environmental improvement charges, etc.) that incur actual expenses shall be borne by the defendant.
4. Where a lease contract is terminated, the defendant shall restore the above real estate to its original state and return it to the plaintiff.
Provided, That both the plaintiff and the defendant may return to the plaintiff without restoring to their original state upon agreement, and in such cases, the defendant does not claim against the plaintiff for beneficial expenses, necessary expenses, etc.
5. The Plaintiff may terminate the instant lease contract without delay, where the Defendant fails to pay the rent for more than two months.
6. When two years have elapsed from the date of the contract, the defendant shall increase 10% of the rent (monthly rent) and pay it to the plaintiff.
7.It is impossible to obtain business permission on the above real estate, or it is intended to repair or rebuild buildings on a large scale.