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(영문) 서울북부지방법원 2015.07.17 2014가단12345
건물명도
Text

1. The Defendant each indicated in the attached Form No. 1,2,3,4,5,6,7,88, and each indicated in the attached Table No. 1649.98 square meters on the second floor of the building indicated in the attached Table to the Plaintiff.

Reasons

1. Determination on the main claim

A. (1) On the 2nd floor of the instant case, the structural and utilization independence was lost due to the absence of a boundary indication among the stores by removing the walls or partition facilities while performing the repair work after fire in around 1995.

(2) On January 7, 2014, the Plaintiff leased the instant store to the Defendant by setting the lease deposit amount of KRW 60 million, KRW 4.4 million per month, and the period from January 10, 2014 to October 17, 2016. The details of the said lease agreement are as follows.

-The lessee of article 5 (Designation of Types of Business) shall use the leased real estate for the restaurant and shall not use it for any other purpose.

No lessee may change the designated type of business without the consent of the lessor.

-Article 6 (Prohibition of Change in Structure or Use) No lessee may change the structure or use of the leased immovable without the consent of the lessor.

-Article 7 (Right of Rescission for Future), the lessor may terminate the contract when the lessee has failed to pay the monthly rent not less than three times a month.

If a lessor or lessee fails to perform the obligations prescribed in this contract, the other party may terminate the contract.

-Article 9 (Obligation upon Termination of the Contract) The lessee shall, at his own expense, restore leased real estate to its original state and return it to the lessor, as agreed upon in Article 13.

-Article 13, the lessee shall not make any claims against the lessor on the pretext of facilities established by the lessee, such as time facilities and premium, etc.

Restoration referred to in Article 9 means the restoration of facilities on the original photograph and video screen presented by the lessor.

(3) The store of this case was owned by the Plaintiff at the time of lease, when the instant store was leased with 209, 210, 211, 212, 213, 214, 215, 248, 249, 250, 251, 252, and 253 of the second floor.

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