beta
(영문) 서울중앙지방법원 2018.09.19 2017가합551825

건물명도(인도)

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 332,967,775 to the Defendant (Counterclaim Plaintiff) and its amount from August 19, 2017 to September 19, 2018. < Amended by Act No. 15035, Sep. 19, 2018>

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On June 25, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between the Defendant and the Defendant on each of the following terms: (a) KRW 600 million for lease deposit; (b) KRW 24 million for monthly rent; and (c) from September 30, 2015 to September 29, 2020 for lease term (hereinafter “instant lease agreement”).

1. The construction cost shall be set at KRW 430,00,000,000 in total, and the lessee shall bear the additional construction cost at the lessee’s request, and the external and elevator construction cost shall be borne separately by the lessor.

2. Upon the expiration of the lease, the lessee shall waive the facility cost and beneficial cost, and the necessary cost, and shall specify the order.

5. The Corporation shall be established on the basis of this removal.

6. Design changes may be modified by agreement of the parties.

8. In cases of a cafeteria with the first floor, the remainder shall be excluded from the leased part, and the period of one month shall be determined by using such cafeteria with no monthly rent;

9. The period of construction shall be determined to be three months, and any balance may accrue as at the completion of construction early.

The main contents of the special agreement shall be as follows:

B. The Defendant paid a total of KRW 500 million to the Plaintiff by September 22, 2015, including the payment of KRW 60 million on the day of the contract as the lease deposit to the Plaintiff.

C. On June 30, 2015, between E and E, the Plaintiff entered into a contract for the instant remodeling project for the hotel (hereinafter “instant construction”) and E, and E, while proceeding with the instant construction project under the said contract, suspended the said construction on or around October 2015.

Around October 2015, the Defendant suspended the instant construction work, and subsequently the remainder of the instant construction work (hereinafter “the remainder”).

E. On December 8, 2015, the Plaintiff entered into a modified agreement on the instant lease agreement with the Defendant (hereinafter “instant primary modification agreement”) with the following terms and conditions (hereinafter “instant primary modification agreement”).

1...