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(영문) 서울남부지방법원 2015.09.18 2014가합111703
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) is jointly paid the amount set forth in paragraph 2 by the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On January 31, 2005, the Plaintiff leased 450,000,000,000, monthly rent of 18,000,000, and 2,500,000,000 of monthly management expenses to the Defendants, among the instant real estate, the part of the above third floor from the first floor from the underground level, among the instant real estate. On February 25, 2005, the Defendants paid to the Plaintiff KRW 650,00,00 in addition to the above lease deposit amount of KRW 450,000,00 in addition to the funeral hall facility cost of the instant real estate, and operated a funeral hall from the instant real estate.

B. Around August 2010, the Plaintiff concluded a lease agreement with Defendant B and C on the condition that the part of the third floor above the ground level from the first floor above the instant real estate is KRW 750,000,000, and that the lease term is five years. Around August 2012, the Plaintiff agreed to add Defendant D as a joint lessee of the said lease agreement.

Deposit: 750,000,000 won period: The plaintiff shall be delivered to the defendants not later than August 20, 2012 in the condition that the plaintiff can use and benefit from the above real estate for the purpose of the lease, and the term of lease shall be from the delivery date to September 30, 2015.

The termination of a contract: The plaintiff may terminate this contract without delay when the amount of the overdue charge of the defendants falls short of the amount of the second period of rent, or when the plaintiff violated Article 3.

Special agreement - Since the above lease deposit is a re-contract of the lease contract on January 31, 2005, it shall be substituted by the contract bond already paid to the plaintiff.

- The public charges shall be borne by the employer.

- - Payment of management costs of KRW 2,000,000 separately.

- The contract deposit shall be substituted by the deposit for the contract on January 31, 2005, and for the 650,000,000,000 won, such as the facility costs and the premium already paid to the Plaintiff under the said contract, only 300,000,000 won out of the above money, shall be delivered to the lessor after restitution of the leased object to the lessor, and at the same time, shall be immediately paid to the Defendants for the total of 450,00,000,000,000 won for the lease deposit and for the premium of KRW 30,00,000.

- Acceptance of buildings shall enter into an agreement on January 31, 2005.

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