beta
(영문) 서울중앙지방법원 2016.09.09 2016가단5015344

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) the indication of the attached drawings among the real estate listed in the attached list;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 2013, the Plaintiff concluded a lease agreement with the Defendant, setting the lease term as KRW 148,00,000, monthly lease deposit, KRW 1,628,000, management expenses, and KRW 553,250,00 with respect to the size of 45.3 square meters on board (hereinafter “instant real estate”) connected each point of the attached Form 1, 2, 3, 4, and 1 among the real estate listed in the attached Table list with the Defendant, in sequence, among the real estate listed in the attached Table list, from January 1, 2014 to December 31, 2015.

(hereinafter “instant lease agreement”). B.

The main contents of the instant lease agreement are as follows.

Article 3 (Lease Deposit) Where the contract is completed due to the expiration or termination of the term of lease, or other reasons, the plaintiff shall, after ordering the leased object, refund the deposit to the defendant within 30 days. Article 11 (Change of Structure and Construction of Facilities within Lease Property) 1) When the defendant wishes to perform the following acts, he/she shall receive a written receipt in advance, and the expenses shall be borne by the defendant:

(2) In any case, the Defendant may not demand the Plaintiff to demand reimbursement of expenses incurred in relation to beneficial interests and purchase of the lien and the appurtenances borne by the Defendant at the time of surrender of the leased object in accordance with the preceding paragraph. Article 19 (Name and Restoration to Original State) 2) The Defendant shall bear the expenses incurred in the removal of the facilities for structural alteration, and the expenses incurred in the removal of other facilities for structural alteration.

3. If the defendant was unable to take out the property or property of the defendant due to the circumstances of the defendant, or the defendant was not ordered to restore the leased property to its original state, the defendant shall pay the plaintiff compensation equivalent to twice the ordinary rent and management expenses from the date when this contract is terminated to the date when it is actually clarified or restored.