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(영문) 서울고등법원 2016.10.13 2016나1764
건물명도
Text

1. The part of the counterclaim in the judgment of the court of first instance, including the claim for counterclaim changed at the court of first instance, shall be modified as follows:

Reasons

1. Basic facts

A. On October 7, 2010, the Lessee entered into a lease agreement with the Counterclaim Defendant, setting the lease deposit amount of KRW 200,000,000, monthly rent of KRW 4,000 (excluding value-added tax), and the lease term of KRW 4,00,00, respectively, on October 28, 2012.

B. The Counterclaim paid the above lease deposit to the Counterclaim Defendant pursuant to the above lease agreement, and thereafter, the Plaintiff performed the construction of facilities necessary to operate the reading room upon delivery of the instant building, and operated the reading room with the trade name “C” at the same time.

C. Around October 2012, the Plaintiff and the Lessee entered into a lease agreement with the Counterclaim Defendant to lease the instant building from the Counterclaim Defendant (hereinafter “instant lease agreement”). Around October 2012, the Lessee again entered into a lease agreement with the Counterclaim Defendant to lease the instant building by setting the lease deposit amount of KRW 210,000,000, monthly rent of KRW 4,200,000 (excluding value-added tax), from October 29, 2012 to October 29, 2015 (hereinafter “instant lease agreement”). The Lessee paid the increased lease deposit to the Counterclaim Defendant, and thereafter continued to operate the reading room in the instant building.

Article 4 of the instant lease agreement provides, “If the delayed amount of rent for a lessee reaches the amount of two-term rents, a lessor may terminate the lease agreement.” However, the counterclaim did not pay the rent after September 1, 2013. On January 27, 2014, the counterclaim Defendant sent to the counterclaim a written notification stating that the instant lease agreement will be terminated on the grounds of the delayed payment of rent for at least two different periods.

E. On November 13, 2014, the Lessee terminated the business of the instant building and removed the facilities installed by the Lessee without being kept.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and Eul evidence No. 4.

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