(영문) 수원지방법원평택지원 2016.11.23 2016가합679

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(영문) 수원지방법원평택지원 2016.11.23 2016가합679

건물명도 등

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1. The Defendants deliver to the Plaintiff the building indicated in the attached list, and the said building from June 12, 2016 and the said building.

Reasons

Basic Facts

On June 22, 2015, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendants, setting the lease deposit amount of 300 million won from July 10, 2015 to July 9, 2018, and the lease deposit of 16 million won from July 10, 2015 to July 9, 2018 (in addition to value-added tax, 11 advance payment on June 22, 2015 (hereinafter “instant lease agreement”). The lease agreement (Evidence 1) was concluded between the Plaintiff and Defendant B, 1, Defendant C, and Defendant C, and the Defendants under both the name of the Plaintiff and the Defendants, but there was no dispute as to the fact that both the Plaintiff and the Defendants were a lessee.

The matters related to this case among the matters stipulated in a special agreement are 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;

7. Where a lessor transfers the leased object during the lease period, he/she shall indemnify the lessee by applying the depreciation rate (which shall not exceed 36 months for the first construction work and shall not apply to the subsequent construction works) of the relevant construction costs until the termination date of the lease;

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.

The Defendants’ security deposit and monthly rent shall be paid 200 million won to the Plaintiff, and the remainder of the security deposit and rent shall not be paid 100 million won until the closing date of the instant case.

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