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Reasons
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(영문) 서울동부지방법원 2017.08.09 2015가합1039
건물명도 등
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1. Defendant B and C jointly share KRW 144,735,310 against the Plaintiff (Counterclaim Defendant) and their related thereto from April 12, 2017 to August 9, 2017.

Reasons

1. Basic facts

A. The term of the instant lease agreement between the Plaintiff, Defendant B, and C is 24 months from March 22, 2014 to March 21, 2016.

Article 4 (Rental Deposit)

1. Amount of deposit: 50,000,000 won;

1. Article 14 (Construction and Restoration of New Facilities) of the total amount of rent of 8,500,000 won (excluding value-added tax);

1. In the event of the establishment or modification of facilities, other than the construction of new facilities, in the leased building by Defendant B and C, the consent of Party A [Plaintiff] shall be obtained in advance and the cost required therefor shall be borne by Party B.

2. In executing the work under the preceding paragraph, it shall be the official approval recognized by A and the location established by A, and shall be restored to the original state only at the expense of B in the case of the next order.

3. If the obligations referred to in the preceding paragraph are not fulfilled, or if the obligations referred to in the preceding paragraph are not fulfilled, the amount necessary for restoration from the rental deposit to the original state may be deducted.

4. Eul may not claim all of its expenses against the leased place on the ground that it was borne by Eul at its own expense.

5. If it is deemed inevitable for the maintenance and preservation of a building of A because of his neglect to perform the obligations and burdens under the preceding paragraph (1) above, A shall take the necessary repair measures, claim for actual expenses to B, and pay B without delay.

Article 25 (Duty to Specify B)

1. When a lease contract is terminated or terminated, B shall remove its own property and property within the term, and shall restore the keys and property A to the original state and deliver them to A;

2.In the event that the provisions of paragraph 1 of this Article do not apply, A may remove objects of Section B as appropriate, and all expenses incurred in such a case shall be borne by Section B.

1) On March 21, 2014, the Plaintiff is a building indicated in the attached Form, owned by the Plaintiff (hereinafter “instant building”).

With respect to Defendant B and C, as follows:

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