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(영문) 광주지방법원목포지원 2017.09.13 2016가단9665
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the attached Form, each point indicated in the attached Form 1, 2, 3, 6, and 1 shall be in sequence.

Reasons

1. Facts of recognition;

A. On November 29, 2014, the Plaintiff entered into a contract with the Defendant to lease the instant office to the Defendant (hereinafter referred to as “instant lease contract”) with each of the following terms: (a) the monthly rent of KRW 700,000 (additional payment of value-added tax); and (b) the period on April 1, 2018.

Of the terms and conditions of the instant lease agreement, the parts relating to the instant case are as follows:

The table: Article 4 (Change of Use and Sub-lease) (1) (1) of the terms related to this case in the instant lease agreement shall not be sub-lease, transfer of the right of lease or offer the security to a third party without the consent of the plaintiff, nor shall it be used for any purpose other than the purpose of lease.

(2) The Defendant (Defendant) cannot, in any case, demand the return of the already paid facility costs against the Plaintiff (Plaintiff), and the Plaintiff (Plaintiff) shall only be liable for the return of the deposit upon termination of the lease contract.

Article 5 (Termination of Contract) Where the amount of arrears in rent of Party B (Defendant) is not less than two times, or where he/she violates Article 4 (1), Party A (Plaintiff) may immediately terminate this contract.

Article 6 (Termination of Contract) If a lease contract is terminated, B (Defendant) shall restore the said real estate to its original state and return it to A (Plaintiff).

In such cases, the Plaintiff (Plaintiff) shall return the security deposit to the lessee, and if the overdue rent or the amount of compensation is paid, it shall be removed and the balance shall be refunded.

Article 10 (Liability of Lessee and Matters of Special Agreement) (2) When any facility is damaged during the use, or when the term of lease expires, it shall be restored to the original state.

(3) The value-added tax on a monthly rent shall be imposed separately on the lessee.

(5) Failures, such as the damage of facilities due to care failure (e.g., loss of toilets) have been repaired by the lessee.

B. The Defendant was delivered the instant office from the Plaintiff at the time of the conclusion of the instant lease agreement, but from May 1, 2015 to the date of the closing of argument in the instant lease agreement, to the Plaintiff.

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