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(영문) 대구지방법원 2015.01.06 2013가단41377

건물인도

Text

1. The Defendants shall receive KRW 28,092,960 from the Plaintiff and at the same time obtain real estate indicated in the attached Table from the Plaintiff.

Reasons

1. Facts recognized;

A. The Plaintiff is a council of occupants’ representatives comprised of representatives from each Dong-gu Daegu Suwon-gu D apartment (hereinafter “instant apartment”).

B. On January 12, 2009, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 50 million and KRW 2 million per month for the real estate in the attached Form, which falls under the common area of the instant apartment (hereinafter “instant facilities”).

Article 2 (1) A contract subject to a contract: A contract period under Article 3 (1): From April 1, 2009 to March 31, 201. < Amended by Act No. 10537, Apr. 31, 2011>

Article 6 (1) A lessee shall install and operate the facilities within the rapidest time.

(2) Where a lessee causes damage, damage, etc. due to defective maintenance, management, and repair of a facility, the lessor may request the lessee to restore the facility to its original state, and the lessee shall comply with such request.

(3) No lessee may alter any or all the original forms, such as the structural change of a facility.

Provided, That this shall not apply where the lessor has obtained prior consent.

Article 8 (1) A lessor shall impose on a lessee all other expenses incurred in managing facilities, such as electricity, water supply, heating, and hot water supply (hereinafter referred to as "management expenses, etc.").

A lessee shall pay it by the deadline determined by the lessor.

Article 10. (1) Internal facilities shall be in conformity with child-care centers, but the lessee shall leave the facilities without requiring the lessor to bear the cost of the facilities when the contract is voluntarily withdrawn or the contract is terminated because it is not operated.

C. After that, Defendant B changed its structure at his own expense by installing partitions and entrance doors inside the instant facilities, etc., and thereafter from April 1, 2009.