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(영문) 제주지방법원 2017.08.24 2016가합1164
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff between the parties is a stock company operating a soup and soup services, and is the owner of a building listed in the attached Table. The Defendant is a person who operates a childbed and a postnatal care center under the trade name of “Csan Women” and “Costnatal Care Center” by leasing part of the building listed in the attached Table from the Plaintiff.

B. 1) On December 4, 2015, the circumstances relating to the conclusion of the instant lease agreement were as follows: (a) part 1,296 square meters in the attached drawings among the second floor of the building listed in the attached table attached to the Defendant, which was connected in sequence 1,296 square meters of the attached drawings among the 2nd floor of the building listed in the attached table; and (b) part 1,230 square meters in the attached drawings among the 1,296 square meters in the attached drawings among the 3rd floors of the same building; and (c) part 2,296 square meters in the attached drawings among the 1,296 square meters in the attached drawings.

2) The instant lease agreement was leased (hereinafter “instant lease agreement”).

The main contents of the instant lease agreement are as follows.

The rent deposit shall be paid on December 4, 2015, KRW 1 billion, KRW 500 million, KRW 500 million, and KRW 4.

Part payments - Payment shall be made on December 30, 2015, in the amount of five hundred million won, five hundred million won.

Monthly rent of 30 million won / Additional monthly management expenses separate from the tax -

1.The payment shall be made for the following deposits:

Rent and management expenses shall be paid in advance for one month in the future.

4. The lease term shall be five years from December 20, 2015 to December 19, 2020;

5. The lessee shall use the leased object for the purpose of the postnatal care center. The lessee shall use it for the purpose of the postnatal care center.

9. Where this contract has been terminated, the lessee shall restore the leased object to its original state at the time when the lessee removed the existing facilities in order to perform interior works for the purpose of his/her business purpose.

1. Special Agreement: for one year from the time of the lease agreement, the monthly rent shall be KRW 25 million, taking into account the initial interior works.

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