건물명도(인도)
1. The plaintiff (Counterclaim defendant) is a mentor brick of the Songpa-gu Seoul Metropolitan Government reinforced concrete building from the defendant (Counterclaim plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On January 23, 2017, the Plaintiff entered into the instant lease agreement with the Defendant: (a) determined the lease deposit of KRW 20 million; (b) KRW 1.8 million in monthly rent; (c) management expenses; and (d) KRW 200,000 (no additional tax); and (b) concluded a lease agreement with the Defendant regarding the lease deposit of KRW 20 million in Seoul Songpa-gu (hereinafter “instant store”); and (c) determined the period from February 20, 2017 to February 20, 2019 as the period from February 20, 2017, the Plaintiff entered into a lease agreement with the Defendant on KRW 336.98 square meters in residential facilities and housing of KRW 336.98 square meters
(hereinafter “instant lease agreement”). From February 20, 2017, the Defendant operated D at the instant store.
The main contents of the instant lease agreement related to this case are as follows.
If the lessee of Article 4 (Termination of Contract) of the Monthly Lease Contract for Commercial Building Lease fails to pay the rent at least twice consecutively or violates Article 3, the lessor may immediately terminate the contract.
Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.
Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.
In addition, the parties to the contract may claim damages from the other party for the cancellation of the contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
【Matters of the special agreement (hereinafter referred to as the “instant special agreement”)
[1] The inside tracks, interior facilities, etc. to be installed by a lessee and restored to their original state upon termination of the lease.
(2) Provided, That a separate house-building cost and lessee shall be excluded from the floor.