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(영문) 서울고등법원 2018.07.20 2016나2089616
건물명도 등
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants shall use the attached building to the Plaintiff’s succeeding intervenors.

Reasons

1. Basic facts

A. On June 22, 2015, the Plaintiff and the Defendants concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendants, setting the lease term as KRW 300 million from July 10, 2015 to July 9, 2018, with respect to the building indicated in the order (hereinafter “instant building”) as the lease deposit amount, KRW 300 million from July 10, 2015, and KRW 17.6 million per month from teas (including value-added tax). Of the foregoing special agreement, the part related to the instant case is as follows.

Matters of special agreement

1. The monthly rent shall be paid in advance at all times for one month;

However, the period during which a lessee performs a construction work by July 10, 2015 after the preparation of the above lease contract shall be excluded, but the monthly rent shall be paid in advance by the 11th day of the same month.

3. If a lessee repairs an object leased under the current condition of a facility, he/she may not thereafter demand the lessor for useful expenses and repair expenses on any pretext;

10. If a lessee fails to pay a monthly rent for at least one month, the lessor may terminate the relevant lease contract;

In such cases, the lessee cannot claim the lessor to return the premium, beneficial cost, all construction costs, etc.

B. The Defendants occupied and used the instant building on June 22, 2015, occupy the said building since the Plaintiff received delivery of the instant building from the Plaintiff under the instant lease agreement, and currently operate a soup project with the trade name called “W” in the said building.

C. The Defendants notified the termination of the Plaintiff’s lease agreement on the grounds of the Defendants’ delinquency in rent did not fully pay the Plaintiff the rent stipulated in the instant lease agreement.

The Plaintiff filed the instant lawsuit by stating in the instant complaint that “the Defendant does not pay rent at all, and thus cancelling the instant lease agreement,” and the duplicate of the complaint was served on the Defendants on July 5, 2016.

The building of this case by the succeeding intervenors.

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