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(영문) 서울중앙지방법원 2016.12.02 2014가합577048
건물명도
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 60,064,232 to the Defendant (Counterclaim Plaintiff) and its related amount from January 10, 2015 to December 2, 2016.

Reasons

(2) On March 5, 2013, the Plaintiff and the Plaintiff concluded a lease agreement identical to the instant lease agreement (hereinafter “instant lease agreement”) between the Plaintiff and the Plaintiff on March 5, 2013, and the Defendant and the Plaintiff jointly and severally liable for the Defendant-Lessee’s failure to perform the lessee’s rights and obligations.

(2) On the other hand, the instant lease agreement is stipulated as follows. Article 4 of the same Act provides that the lessor may terminate the instant lease agreement if the lessee has failed to pay rent at least three times, or violates Article 3. Upon the termination of the lease agreement under Article 5, the lessee shall restore the said real estate to its original state and return it to the lessor, and the lessor shall return the deposit money to the lessee. The lessee shall: (a) the special agreement is entered into; (b) on November 10, 2012, the Defendant (Lessee) succeeds to all the terms and conditions of the Defendant’s contract (the rights and duties of the lessee) on March 5, 2013. (c) The Defendant (Lessee) who succeeded to the terms and conditions of the contract shall sign and seal all the legal and criminal responsibilities of the lessee, and shall sign and seal the original confirmation document on February 22, 2013 as a joint and several surety. (d) The original copy is attached to the Defendant (Lessee)’s neighborhood living facilities (the instant neighborhood living facilities), the instant building and the instant facility (type No. 1) residential facilities (the instant building).

2) The Defendant (Counterclaim Plaintiff, from February 2013 to July 2 of the same year, entered into a contract for construction works related to waterproof, window protection, fire-fighting equipment, elevators, etc., and the instant contract was concluded.

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