logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.04.20 2015나2068209
명도소송으로 인한 손해배상
Text

1. Plaintiff (Counterclaim Defendant) who exceeds the following order of payment among the part concerning the counterclaim of the first instance judgment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. 1) The Defendant entered into a lease agreement with H (hereinafter “instant real estate”) at the time of strike between H and H

Of the five floors, Nos. 501, 502, 503, and 504 (attached Form 1; hereinafter referred to as “instant leased building”).

The leased building of this case is divided into 501 rooms to 547 rooms.

(1) The Plaintiff entered into a lease agreement with H on January 17, 2014, with respect to the leased building of this case, and the term of the lease agreement between the Plaintiff and H from January 17, 2014 to October 30, 2015 (hereinafter “instant lease agreement”). The term of the lease agreement with the Plaintiff is as follows: (a) KRW 50 million (in the same amount as the lease deposit paid at the beginning; (b) KRW 3.8 million (in the case of the Plaintiff’s succession to the status of the lessee); (c) monthly rent of KRW 3.8 million (excluding value-added tax and payment at the end of each month); and (d) the term of the lease (hereinafter “instant lease agreement”).

(3) [Special Terms and Conditions for Lease Agreements]

2. Where a lessee fails to pay monthly rent or management expenses by the due date, the overdue interest shall be paid in addition to the overdue interest at the rate of 2.5% per month from the due date to the due date.

8. The lessee shall not sublet the whole or part of the object of this lease, transfer the right of lease or offer the right to claim the refund of the deposit for lease as security, and the lessee shall not change the title of possession, and, in fact, have a third party operate it with only formal occupation, or operate it jointly with a third party.

If the lessee violates this subparagraph, not only constitutes a ground for termination of the lease, but also the lessor shall immediately pay 30,000,000 won to the lessor as penalty for breach of contract.

12. The lessee may in no case claim against the lessor any necessary, beneficial, premium and any other expenses.

arrow