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(영문) 서울중앙지방법원 2016.02.17 2015나33044
건물인도청구의 소
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Facts of recognition

On February 21, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant that leases a six-story of 343.6 square meters (hereinafter “instant store”) among the real estate listed in the attached Table list, to the Defendant.

The details of the instant lease agreement are as follows.

Article 2 (Rental Deposit and Monthly Rent)

1. The lease deposit shall be 40,000,000 won - non-interest; and

2. Article 3 (Separate Table of Value-Added Tax) (1) of the monthly rent of KRW 1,700,000. (1) The term of the lease contract shall be from March 14, 2011 to March 13, 2013;

(3) The contract period shall be automatically extended upon the occurrence of a special reason.

Article 5 (1) Management expenses shall be determined at KRW 4,00 (excluding value-added tax) per deliberation.

Management expenses means the ordinary repair expenses of a building and the cleaning service expenses.

Various charges (environmental improvement charges, user fees, etc.) imposed for business purposes shall not be included in management expenses, and the amount calculated by the plaintiff shall be imposed as much as the defendant's portion.

Article 8 (1) The defendant shall neither transfer the rights and obligations of a lease contract to a third party nor sublease all or part of the object.

② If the Defendant violated the preceding paragraph, the Plaintiff may terminate the contract without any peremptory notice, and the Defendant may not raise an objection against this.

In any of the following cases, the plaintiff may terminate the contract without a peremptory notice:

1. Where he/she violates the prohibition provisions of Article 21;

4. Where he/she delays the monthly rent, management expenses, and expenses incurred therein for at least two months;

6. Where he/she violates any provision of this lease agreement.

7. Where relevant Acts and subordinate statutes are violated, a re-determination may be made after adjustment through mutual consultation after one year, notwithstanding the term of lease under Article 2, if adjustment is inevitable on reasonable grounds;

Article 21 The defendant shall be either of the following within the object and its accessory facilities:

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