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(영문) 서울중앙지방법원 2019.03.27 2018가합543937
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From October 1, 2018, the above-mentioned A

subsection (b).

Reasons

1. Basic facts

A. C and D completed registration of initial ownership relating to 1/2 shares of each of the instant buildings on January 25, 1989. Since C died on or around March 30, 2014, E, F, G, and H completed registration of ownership transfer as to 1/8 shares of each of the instant buildings on August 20, 2014.

B. On February 1, 2015, the Defendant and I (hereinafter “Defendant, etc.”) concluded a lease agreement between D and four other parties regarding the instant building (hereinafter “instant lease agreement”) with KRW 300,00,000, KRW 18,500 per month, management expenses, KRW 8,470,00 per month, parking fees (excluding value-added tax), KRW 1,940,00 per month, and period of lease from February 1, 2015 to January 31, 2017 (hereinafter “instant lease agreement”).

C. Around February 1, 2017, the Defendant, etc. renewed the term of the instant lease agreement with D and four other parties from February 1, 2017 to January 31, 2019. The part relating to the instant lease agreement relating to the instant case is as follows.

Article 12 (Operation of Objects, Construction and Repair of Facilities) (1) The lessee may, with the prior consent of the lessor, perform the following acts at the lessee’s expense:

Provided, That the lessor may conduct the direction and supervision of the construction in order to ensure the unity of the building.

- An act of cutting off or altering partitions, windows, etc. in the leased article - the installation of electric lights, electric power systems, telephones, telephones, computer and other telecommunications facilities, such as telecommunications facilities, water supply and drainage, gas, etc. - The act of installing, expanding or altering such facilities - The lessee gives up the lessee's right to demand reimbursement and the right to demand the right to purchase the attached things.

(3) Expenses incurred in walls, ceilings, floors, electricity and telephone facilities, air-conditioning and heating facilities, etc. of naturally worn-out items shall be borne by the lessor, and other repair expenses shall be borne by the lessee.

At this time, the lessee waives his/her right to demand reimbursement for all necessary expenses.

(4) If a lessee has discovered a lawsuit for repair under the preceding paragraph, the lessor shall be immediately found.

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