건물인도 등 청구의 소
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The defendant alleged the claim.
1. The reasoning of the judgment by the court concerning this part of the basic facts is as stated in the part on “1. Facts recognized” of the reasoning of the judgment of the court of first instance except for the following modifications. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
On the third page of the judgment of the first instance court, the following is added.
A lease contract shall be concluded by mutual agreement between a lessor and a lessee as follows:
The lessor shall be "A" and the lessee shall be "B".
Article 1 In the lease of the building of this case, the lessee will pay the lease deposit and rent as follows.
Monthly rent: It shall be paid on the last day of the 30,000 won month.
Monthly management expenses: It shall be paid on the last day of the 7.6 million won month.
Monthly value-added tax: It shall be paid on the last day of the 4 million won month.
Article 2 If the lessee fails to pay the rent, management expenses and value added tax twice, the lessor may terminate the lease contract, and the lessor shall submit the necessary documents for the application for the settlement before the filing of the lawsuit, and the expenses shall be borne by 50% and A.
When the contract is terminated due to the expiration of the principal contract period or other reasons, the lessee shall restore the partitions in the building constructed by the lessee to the original state and restore the various facilities installed by the lessee during the contract period to the lessor.
The duty of restoration to the original state means the replacement (such as a ceiling, text, etc., flooring, etc., external planting, etc. due to a signboard installation) of all parts which are not partially repaired into new parts (such as restoration to the original state).
The installation of elevators for patients and the installation of sprinklers shall be excluded from the restoration of the original state.
Article 9 (Liability for Management of Building) The lessee shall be liable for the destruction or damage of the building during the term of the contract and shall be immediately liable.