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(영문) 서울남부지방법원 2018.12.21 2018가합106396
건물명도(인도)
Text

1. Each of the instant lawsuits is dismissed to request the performance of each of the procedures for reporting the closure of business.

2. The defendant.

Reasons

1. Basic facts

A. On June 1, 2012, the Plaintiff (which was divided into C on May 31, 2012) leased a building listed in the attached Table 1 list (hereinafter “instant building”) and the land listed in the same list (hereinafter “instant land”) to the Defendant as of June 1, 2012, with a deposit of KRW 330 million, monthly rent of KRW 23,625,000 (excluding value-added tax), and the period from June 1, 2012 to May 31, 2013.

(hereinafter “instant lease agreement”). The Defendant paid KRW 330 million to the Plaintiff around that time.

B. The main contents of the instant lease agreement are as follows.

Article 3 (Term of Lease) (1) This contract shall be from June 1, 2012 to May 31, 2013.

However, if one of the parties to a contract does not notify the other party of his opposition to the extension of the term of lease by 90 days prior to the expiration of the term of lease, it shall be extended for one year under the same conditions as this contract except for the provisions concerning lease deposit, monthly rent, and renewal of the contract.

Article 6 (Duties of Lessees) (4) A lessee may change the structure of a building at the expense of a lessee after obtaining the prior consent of the lessor, but the lessor may conduct the direction and inspection of the construction in order to achieve the unity of the building.

(7) A part of the lease to a third party shall not be leased, and where part of the lease is inevitable, a written notice shall be given in advance.

In principle, matters on which consultation has become known shall be determined to be null and void, and agree to follow this.

Article 9 (Lighting and Restoration to Original State) (2) Installation attached by a lessee, and other facilities that alter structure shall be removed at the expense of a lessee and restored to the original state at the time of conclusion of the contract.

A lessor may, at the request of a lessee, perform the same project by proxy at the expense of the lessee.

(3) Where a lessee fails to issue an order by restoring the leased object to the original state due to the circumstances of the lessee, the lessee shall.

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