(영문) 서울중앙지방법원 2016.01.20 2015가합514532

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(영문) 서울중앙지방법원 2016.01.20 2015가합514532

건물명도

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1. The Plaintiff, Defendant B, and Defendant C, and D, respectively, are the first floor of the building indicated in the separate sheet, and the first floor of the building listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On September 6, 2013, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 400 million (excluding value-added tax; hereinafter the same shall apply), rent of KRW 40 million (payment on the last day of each month), and the lease term of the lease from December 18, 2013 to December 17, 2015 (hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

Article 18 (Plaintiff’s Right to terminate Contract) (1) In the event that Defendant B committed an act falling under any of the following subparagraphs, the Plaintiff may immediately terminate the instant lease agreement without due process, and Defendant B may not claim damages against the Plaintiff due to termination of contract:

1. When Defendant B fails to pay monthly rent and other expenses under the instant lease contract within the designated date for not less than two months, Article 19 (Termination of the Contract) (2) In the event of expiration or termination of the contract period between the Plaintiff and the Defendant B, the Plaintiff is liable to return the deposit to the Defendant B, and the Plaintiff is not liable to pay the necessary expenses, beneficial expenses, premium, facility expenses, goodwill, etc.

Article 20 (Restoration of Title and Restoration) (1) When the lease contract of this case is terminated, the defendant B shall remove all the property and property owned by the defendant B from the leased object prior to the expiration of the contract, and the plaintiff shall return the keys, other property and property owned by the plaintiff and the entrusted property owned by the plaintiff to the plaintiff and order

2. Defendant B shall remove the facilities attached to Defendant B, partitions, and other structural modifications facilities at the expense of Defendant B by the end of the contract, and restore them to the original state at the time of the conclusion of the instant lease contract or restore them to the original state on the base floor at the time of eviction.

B. Accordingly, Defendant B, with the consent of the Plaintiff, around December 17, 2013.

유사 판례

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