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(영문) 서울중앙지방법원 2017.10.25 2017가합540184

건물명도(인도)

Text

1. The Defendants are to the Plaintiff.

A. G hotel (road name address: Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government H) located in Seocho-gu Seoul, E, and F.

Reasons

...... The lease contract for a building with recognized facts (Evidence 4) * the lease deposit for rent * The lease deposit for daily gold KRW 480,000 ( KRW 480,000) * the lease deposit for rent * the separate tax rate of KRW 50,000 per month ( KRW 50,000): the last day of each month Article 4 (Period of Lease) * The lease period: all the rights, such as ownership, goodwill, and permit rights, concerning the facilities from March 9, 2016 to March 8, 2018 shall accrue to the lessor.

Article 7 (Prohibition of Claim for Compensation for Business Right) A lessee shall not claim for goodwill compensation, such as goodwill, to a lessor for any reason.

Article 8 (Return of Authorization and Permission) The lessee shall return to the hotel without any condition the authorization, permission (license and business registration certificate) at the time of the termination of the contract.

Article 10 (Termination of Contracts) The lessor appears to be a clerical error in the lessor’s term.

A lessor may terminate this contract unilaterally if any of the following events occurs due to a cause attributable to the lessor:

1. Where the rent is overdue for at least two months;

A. On March 9, 2016, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the following terms: (a) G hotel (road name address: Seocho-gu Seoul Metropolitan Government H) located in Seocho-gu, E, and F (road name address); (b) tourist accommodation facilities with six floors of reinforced concrete structure in Seocho-gu, Seoul; and (c) one story of 806.40 square meters on the underground floor among amusement facilities; and (d) 684 square meters on the underground second floor (hereinafter “instant building”).

(hereinafter referred to as “the first lease contract of this case”). B.

On the other hand, on February 29, 2016, Defendant B completed the procedure for transferring the name of an entertainment drinking house as stated in the separate sheet, and immediately after concluding the first lease contract, Defendant B received the instant building from the Plaintiff, and began to operate an entertainment drinking house after registering its business around the same time.

C. Defendant B paid the rent properly from June 2016 to October 2016, but only part of the rent was paid from June 2016 to October 2016 as listed in the following table, and the rent thereafter.