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(영문) 서울중앙지방법원 2015.02.04 2014나44511

건물명도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

On November 29, 2010, the Plaintiff entered into a lease agreement with the Defendant that leases No. 2161 (hereinafter “instant store”) of the underground second floor of the building C in Jung-gu, Seoul (hereinafter “instant store”) owned by the Defendant with the following content:

(hereinafter “Lease Contract”). Lease deposit: 20,000,000 monthly rent: 20,000 won (payment date: the first day of each month, and the second payment): Article 6(1) between December 1, 201 and November 30, 201, the lessee shall be liable for the monthly rent to the lessor at the designated date during the term of the contract, and the management company shall pay management expenses, operating expenses, publicity expenses, and other public charges on the designated date.

(2) Where a lessee has not ordered a store after the termination of the contract due to the expiration of the contract period or for any other reason, the lessee shall bear monthly rent and management expenses until the last order date.

(3) Where a lessee fails to pay all the expenses referred to in the above paragraph (1), the lessor shall bear such expenses.

Article 7 (Lease) Where a lessor requests a return of the lessor one month prior to the expiration of the contract term, the lessee shall recover the above real estate at the end of the contract term and return it to the lessor.

In such cases, the lessor shall return the security deposit to the lessee, and the lessor shall refund the balance after deducting the relevant amount of overdue rent, damages, etc.

Provided, That if there is any overdue portion of expenses, such as management expenses, it shall be deducted from the deposit with the top priority.

Where a lessee violates Article 5 or fails to pay monthly rent, management expenses, public relations expenses, operating expenses, etc. on at least three occasions when the period of the contract expires, the lessor may immediately terminate this contract.

However, the Defendant did not pay rent several times after the conclusion of the instant lease agreement, and on October 15, 201, the Plaintiff deposited the amount of eight months that was unpaid to the Defendant by October 30, 201, and did not implement the said content.