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(영문) 서울중앙지방법원 2014.05.13 2012가단344148

건물명도 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 6-1, 4, 1 to 5, and 8, together with the whole purport of the pleadings:

On August 21, 2010, the Plaintiff entered into a contract on the lease of the instant store owned by the Plaintiff (hereinafter “instant contract”) with the Defendants for the purpose of coffee specialty (C), and the main contents are as follows.

Article 2 (Period of Contract) (1) This contract shall enter into force on the date of conclusion of the contract, and the term of lease for the store of this case shall be from August 21, 2010 to August 20, 2012.

A (the plaintiff, hereinafter the same shall apply) shall ensure that the contract period is five years from the commencement date of the lease through the first contract period or extension contract of Eul (the defendants, hereinafter the same shall apply).

However, this contract is automatically extended by one month on the same condition as the previous one, unless the other party to the contract gives notice of the request for change of the contract or notice of the refusal to renew the contract at least 30 days prior to the expiration of the lease term.

Provided, That A may exercise the right to adjust the rental deposit, rent, and management expenses under Article 6 of this Agreement.

Article 3 (Lease Deposit) (1) The lease deposit is KRW 300,000,00, and KRW 30,000 among them shall be paid to A as the down payment at the time of conclusion of this contract, and the balance shall be paid to A before the expiration of the lease term.

Article 4 (Rents) (1) Monthly rents shall be 12,50,000 won (excluding value-added tax), and Eul shall pay A rents for the current month by the 25th of each month.

Article 5 (Management Expenses) (1) Monthly Management Expenses shall be KRW 970,000 per month (excluding value-added tax) including the basic expenses for the maintenance and management of buildings (electric charge, water supply charge, heating and cooling expenses, cleaning expenses, maintenance expenses, general management expenses, allocated parking fees, etc.) imposed on the section for common use and other expenses, and Party B shall pay Party A the management expenses for the relevant month by the 25th day of each month, along with the rent.