(영문) 서울중앙지방법원 2015.07.22 2015가합527927

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(영문) 서울중앙지방법원 2015.07.22 2015가합527927

건물인도청구의 소

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) an indication of the annex drawings among the second floor of the real estate listed in the annex list;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 16, 2008, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease KRW 46 months (from October 16, 2008 to August 14, 2012) of the lease deposit amount, KRW 75 million, and KRW 6 million per month (the last day of each month, the value-added tax, and the same hereinafter) on the second floor of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “the instant building”). The said lease agreement includes the following: (a) a lease agreement with the Defendant to lease an area of 289.27 square meters (hereinafter “the leased object”).

Where a lease contract is terminated, the lessee shall restore the real estate to its original state and return it to the lessor, and the lessor shall refund the deposit.

[Matters of Special Agreement]

1. Where the contract is terminated, the reinstatement shall be the lessee's responsibility, and the deposit shall be refunded after reinstatement;

(Attachment by Scope of Restoration)

2. The amount in arrears shall be 5% of the amount in arrears plus the amount in arrears shall be added to the amount in arrears, even if one day is in arrears; and

3. The rent shall be raised one year after the date of the contract, and thereafter the rental rate shall be raised by the inflation rate for every two years.

6. A lessee may not claim the premium to a lessor.

7. To succeed to the lease contract at the same time when the building is sold; and

8. The contract shall be extended in the absence of any cause attributable to the lessee;

[Scope of Separate Restoration to Original State]

1. Corre (22m) of the outer wall of a building: The front state of the facility;

2. Costails and dies, etc. for the entire office of a tent;

3. Total number of floors;

4. A ducting equipment; and

B. On April 21, 2010, the Plaintiff did not additionally pay the rent raised one year after the date of the contract pursuant to paragraph (3) of the terms of the instant lease agreement to the Defendant, and thus, did not pay the rent for more than two-term periods. Therefore, the said lease contract is terminated for this reason.

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