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(영문) 서울중앙지방법원 2014.12.16 2014가단5461
부동산명도 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The instant building was operated as a public announcement source from around 2008. However, on May 4, 201, the Plaintiffs: (a) leased the instant building to the Defendant with a deposit of KRW 60 million; (b) monthly rent of KRW 5.1 million; (c) the period from June 15, 2011 to June 14, 2013 (hereinafter “the instant lease”); and (d) the Defendant operated the public announcement source in the instant building.

B. On July 1, 2013, the Plaintiffs and the Defendant drafted a renewed contract for the renewal of the instant lease (hereinafter “instant renewed contract”) and the terms and conditions of the relevant special agreement are as follows.

3.If the rent is in arrears for not less than two months, the lessor may immediately terminate the present contract, and the lessee shall pay the overdue rent plus interest at a rate of two percent (2%) per month.

4. When the lease contract is terminated due to the expiration of the lease term (including the period of reinstatement from June 15, 2013 to July 14, 2016), or any other reason (including the case where the lease term cannot be met due to the lessee’s circumstances), the lessee shall, without delay, surrender this real estate to the lessor, and shall restore it to the original state of the facility including a rooftop at the lessee’s expense, including a rooftop, and the lessor shall settle accounts and refund the balance of the lease deposit.

6. It shall be ordered after the restoration of a rooftop including a rooftop until the expiration date of the lease, and damage, defects and civil petitions to the building arising from the removal process shall be removed by the person who has the license for the removal business operator and the lessee shall be liable. By the expiration date, the lessor may restore the building to its original state with the deposit for lease deposit, and the settlement shall be made after deducting the amount of loss due to the delay in surrender from the deposit

14.The terms and conditions of this contract and special agreement shall be proved, and shall be prepared by the court for the prevention and solution of disputes, respectively, by bearing the cost of each of them, and the lessor shall terminate this contract if the lessee fails to immediately implement the procedure.

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