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(영문) 서울중앙지방법원 2018.02.02 2017가합544179
기타(금전)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs are co-owners of Jongno-gu Seoul Metropolitan Government L ground buildings, and the Defendant is a company running various businesses, such as manufacturing, export and import business of household goods and daily miscellaneous goods, wholesale and retail distribution. 2) On November 24, 2016, the Defendant representing the Plaintiffs, as to the Plaintiff A and the 2 and 3 floors of Jongno-gu Seoul Metropolitan Government L ground buildings (hereinafter “instant building”), and concluded a lease agreement with the Defendant as lessee (hereinafter “instant lease agreement”).

Article 1 (Indication of Lease Objects) (1) Location: Jongno-gu Seoul Metropolitan Government L (2) Land use: The whole three-story sales facilities of the second floor of facilities in the second floor of facilities in the second floor of facilities in the second floor of facilities in the second floor of resting restaurants and resting restaurants in the second floor.

Article 3 (Deposit for Lease) (1) A lessee shall deposit 600,000,000 won with a deposit for lease as follows, and the lessor shall receive it:

Article 11 (Lease of Contract) (2) of the Subsequent Consultation on January 1, 2020 between January 11, 2017 and January 31, 2017, the lessee may immediately terminate this Lease, without any peremptory notice, if the lessor commits any of the following acts: (a) the lessee is entitled to immediately terminate this Lease, from February 1, 2017 to February 3, 2017, attached with the surcharge of KRW 24,000,000, from February 1, 2017 to December 24, 2019; (b) the surcharge of KRW 4 to December 31, 202, attached with the surcharge of KRW 31,00,000, from January 1, 2019 to December 31, 202:

Where objective and apparent defects are incurred to the extent that such defects may interfere with the achievement of the purpose of the lease on the leased object.

B. 1 Defendant entered into the instant lease agreement and notified the cancellation of the contract, etc., and the building of this case is located in Jongno-gu Office, the competent authority, around January 5, 2017.

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