beta
(영문) 서울중앙지방법원 2016.04.01 2015가합512857

건물명도 등 청구의 소

Text

1. The Defendant (Counterclaim Plaintiff) is from 29,563,800 won to 29,563,800 won from the Plaintiff (Counterclaim Defendant) as indicated in the separate sheet from February 21, 2016.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the purpose or structure of the above real estate, transfer the sub-lease, lease or offer the security, or use it for any purpose other than the purpose of lease without the consent

Article 4 (Termination of Contract) If the annual total amount of rent of a lessee falls short of the two terms of rent, or if the lessee violates Article 3, the lessor may terminate the contract without delay.

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 lease is overdue rent or damage compensation, it shall be removed and the balance shall be refunded.

On August 4, 2011, the Plaintiff leased a building listed in the attached list (hereinafter referred to as “instant building”) to the Defendant for rent of KRW 10 million (excluding the payment on August 20, 201, value-added tax separately), and from August 20, 2011 to August 20, 2014, the term of lease was fixed and leased to the Defendant.

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

At the time of the conclusion of the instant lease agreement, the instant building was installed with a flexible elevator and a string, but the Defendant removed the relevant flexible elevator and a string for the string business.

On July 8, 2014, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds that the Defendant destroyed the instant building and sub-lease it without permission through the certification of its content, and on July 9, 2014, the said certification was delivered to the Defendant.

[Grounds for recognition] The plaintiff's assertion by the parties concerned as to the facts without dispute, Gap evidence Nos. 1-1, Gap evidence Nos. 2 and 3, and the purport of the whole pleadings (principal lawsuit) is asserted by the parties concerned (the defendant), the defendant arbitrarily, during the term of the lease contract in this case, the flexible elevator type, the prefabricated type cooling and freezing of the building in this case, and the bearing wall, floor