(영문) 서울남부지방법원 2014.05.15 2013가합15242

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(영문) 서울남부지방법원 2014.05.15 2013가합15242

청구이의

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1. The Defendants filed a lawsuit against the Plaintiff on April 9, 2012, Seoul Southern District Court Decision 2012No. 45 dated April 9, 2012.

Reasons

On February 6, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Nonparty D, setting the lease period from February 1, 2012 to January 31, 2013 (12 months), the lease deposit amount of KRW 53 million, and the rent amount of KRW 750,000,000 per month (excluding value added tax) on the leased building on the attached list (hereinafter “instant lease agreement”).

The Plaintiff and D applied for a compromise prior to the filing of the instant lease agreement to the Seoul Southern District Court, and the said court’s protocol of protocol prior to the filing of the lawsuit (No. 3, hereinafter “instant protocol of protocol”) was prepared on April 9, 2012, as follows.

Section 1.3

1. On January 31, 2013, the respondent (the Respondent) shall order the applicant (the Lessee D) (the Lessee) to have the real estate listed in the attached list.

2. On the last day of February 2012 through January 2013, the respondent shall pay rent of KRW 7,500,000 to the applicant as of the end of each month from February 2012.

3. The respondent shall not transfer, sublease, or guarantee the right of lease and security deposit to another person, and in the event that monthly rent is in arrears not less than twice, the benefit of the lease period is lost, the leased building shall be ordered immediately, and in the event of the occurrence of the reason for surrender, the Respondent shall not refuse to do so on the ground of the validity of the lease agreement on the building under the name of another person

4. The respondent shall not claim against the applicant for premium, beneficial cost, necessary cost, etc. against the leased building, and shall have the obligation to restore the leased building to its original state upon surrendering it.

5. When the respondent does not issue an order after reinstatement, the applicant may arbitrarily move the goods owned by the respondent to an appropriate place, remove the facilities and restore them to its original state. The expenses shall be deducted from the security deposit to the respondent, as well as the expenses shall be deducted from the security deposit to be paid to the respondent.

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