건물명도
1. The judgment of the first instance court, including a claim modified and added at the trial court, shall be modified as follows:
The defendant.
1. Facts of recognition;
A. On December 16, 2011, the Plaintiff concluded a contract (hereinafter “instant lease agreement”) with the Defendant to lease the right to permit the land indicated in paragraph (1) of the attached Table No. 1 and the building indicated in paragraph (2) of the attached Table No. 2, and the hazardous materials facilities, petroleum sales business, and factories listed in paragraph (3) of the attached Table No. 3 (hereinafter “lease”).
The main contents of the instant lease agreement are as follows.
Article 2(1)(Period of Lease Contract) A lessee shall be paid at least 4.5 million won (excluding value-added tax) and 5.5 million won (excluding value-added tax) from the commencement date of the business of Article 3(1) (Rent) for five years from the commencement date of the business of the lessee until the completion date of the contract, and shall be paid at least by the end of each month.
The lessee shall complete the soil contamination level inspection at his/her own responsibility and expense and deliver the result of the inspection to the lessor upon termination of the lease contract under Article 3(2)(Deposit Deposit)(2)(Deposit Deposit). In any of the following cases, one of the parties to Article 9(Termination) falls under any of the following subparagraphs, the other party may terminate this contract through the peremptory notice period of 15 days, and the other party shall not claim damages arising from the termination of the contract. (i) In the event the other party fails to perform the contractual terms and conditions under this contract, the other party shall not claim damages arising from the termination of the contract. (ii) In the event that the other party is terminated under Article 10(Penalty and Compensation for Damages), after the remainder payment of the lease deposit under Article 10(2)(Deposit Deposit(Deposit for Penalty and Compensation for Damages), the other party shall compensate for the damages equivalent to 50% of the amount guaranteed (Deposit million won). At the expiration or termination of this contract, the lessee shall return the subject matter in good condition as at the time the original acceptance was made:
2. Where a contract is terminated due to a cause attributable to the lessee or the contract period expires, the return of the object shall be delayed despite the lessee's return.