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(영문) 서울동부지방법원 2020.04.08 2019나26931
건물명도(인도)
Text

1. The Court shall modify the first instance judgment, including the claims extended, reduced, and modified, as follows:

2...

Reasons

1. Facts of recognition;

A. On June 28, 2012, the Plaintiff entered into a lease contract with Defendant A for each commercial building listed in the separate sheet (hereinafter “each commercial building of this case”) and for each commercial building S & 29m2 (hereinafter “R Station”) located in QY located in Gangnam-gu Seoul Metropolitan Government (hereinafter “R basin commercial building”), including lease deposit 47,90,000 won, lease period from June 28, 2012 to August 7, 2015, lease fee, 26,50,000 won, business type food stores (e.g., coffee, coffee, etc.) with the following contents as indicated in the separate sheet (hereinafter “instant lease contract”). From around that time, Defendant A shall be subject to the delivery and delivery of each of the instant commercial buildings of this case, and the payment of the general management fee, etc., including the cost of electricity, management fee, etc., under Article 8 of the Act, and the payment of the management fee, etc.

Provided, That the electricity charges and the electric meters attached thereto shall be managed as the self-user under the joint utilization of the transformers concluded between Gap and the Korea Electric Power Corporation, and all the electricity supply contracts shall be implemented in accordance with the terms and conditions of the electricity supply of the

Article 12 (Expenses Incurred in Installation and Restoration of Facilities) (1) All the expenses incurred in installation and operation of a store shall be borne by the defendant.

6. Where this contract is terminated or terminated, the defendant shall restore the facility related to the operation of the business to its original state at the expense of the defendant, and shall not claim necessary and beneficial expenses.

However, it may be donated free of charge to the facilities mutually agreed upon between the plaintiff and the defendant.

Article 13 (Prohibition of Sub-lease and Transfer) (1) The defendant shall operate the store directly or after obtaining the approval of the plaintiff, and shall not recognize the operation of pure member shop (a franchise store with facility expenses, rents, product prices, etc. on the account of the occupationism).

(4) No defendant shall sublease his/her store or transfer his/her operating right and provide it as a collateral.

5. The plaintiff

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