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(영문) 서울중앙지방법원 2017.08.09 2016가단95475

건물명도 등

Text

1. Of the instant lawsuit, the part concerning the claim for restitution of the second floor among the real estate listed in the attached list No. 1 shall be dismissed.

2...

Reasons

1. The main text of the facts is to consider both a principal lawsuit and a counterclaim.

A. The lease contract between D and Defendant B 1) Defendant B is a lease contract between D and D on April 1, 2007 between D and D on the real estate listed in the separate sheet No. 1 (hereinafter “instant building”).

2) Of the two floors, the entire part of the second floor (hereinafter “instant leased building”).

(1) The term of the lease contract under the condition that the lease deposit is KRW 10 million, monthly rent of KRW 650,000 (payment on April 1, 2007), the term of the lease shall be set from April 1, 2007 to 12 months (hereinafter “instant lease contract”), and the contract is “the instant lease contract”.

A) In concluding the instant lease agreement, the following was agreed upon (On the other hand, while the area of the instant lease agreement is 66.23 square meters, the entire area of the second floor on the registry of the instant building is 67.68 square meters, and Defendant B also leased and occupied the entire part of the second floor on the instant building, there is no dispute over the fact that Defendant B leased and occupied

1. The purpose of leasing all the lease part of the total floor area of an office for structural use of a building with a lot area of land category 66.23 square meters in Seocho-gu Seoul Metropolitan Government where real estate is indicated;

2. The lessee under Article 3 of the terms and conditions of the contract shall not change the use, structure, etc. of the above real estate, sublease, transfer the right of lease or offer the security, and use it for purposes other than those of the lease without the consent of the lessor;

Article 4 (Monthly Lease) When the lease contract period expires, the lessee shall restore the above real estate to the condition as at the time of lease and deliver it to the lessor, and the lessor shall return the lease deposit to the lessee.

Article 5 If the lessee fails to pay the rent for the period of two years, the lessor may terminate the lease contract.

Special Matters:

1. In the event that the rent is overdue for not less than two months, the lessor shall arbitrarily cancel and dispose of it; 2. 1st floor and underground middle storage shall be used by the lessor;

3.The management expenses of the building shall be calculated separately.

2. Defendant B shall comply with the instant lease agreement to D.