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(영문) 서울중앙지방법원 2020.10.29 2020가합513281
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) shall attach attached Form 1 to the Plaintiff-Counterclaim Intervenor (Counterclaim Defendant) out of the underground floor of the building indicated in the attached list.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On February 1, 2013, the Plaintiff concluded and renewed a lease agreement with the Defendant (hereinafter “instant building”) and the Defendant, as indicated in the separate sheet owned by the Plaintiff to the Defendant (hereinafter “instant building”).

(B) Part (A) of the annex No. 1, 2, 3, 4, and 1 among the underground floors of the above building connects each point of which is indicated in the annex No. 1, 2, 3, 4, and 6.1 square meters and each point of which is indicated in the same map No. 5, 6, 7, 8, and 5 among the ground floors of the above building and the part (B) of the above 66.1 square meters and the part (c) of the above 66.1 square meters connected each point of which is described in the same map No. 9, 10, 11, 12, 13, and 9 in sequence among the two floors above the above building (hereinafter “instant commercial building”).

(B) A lease agreement (hereinafter referred to as “the first lease agreement”) with the terms and conditions that the lease deposit is KRW 50 million, KRW 4.6 million per month of rent (excluding value-added tax), KRW 177,00 for management expenses (excluding value-added tax), and KRW 177,00 for the term of lease from February 1, 2013 to February 1, 2015.

(2) From February 1, 2013, the Defendant operated a restaurant in the name of “D” in the instant commercial building.

3) After the Plaintiff and the Defendant have renewed the first lease agreement on March 21, 2017, the lease deposit amount of KRW 50 million and the management fee of KRW 177,00 (value-added tax separate) shall be maintained as is, but the rent shall be increased to KRW 5.4 million per month (excluding value-added tax), and the term of lease shall be extended from February 1, 2017 to January 31, 2018 (hereinafter “instant renewal agreement”).

(2) The term “instant lease agreement” is referred to as “the initial lease agreement” (hereinafter referred to as “instant renewal agreement”).

4) Of the instant lease agreement, the part relating to the instant case is as follows.

(The contents of the instant renewal contract which has been finally renewed shall be stated). If the lessor or lessee does not notify the cancellation in writing one month prior to the expiration of the extension of the contract period under Article 5, the contract shall be extended.

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