(영문) 광주고등법원(전주) 2016.01.21 2014나3639

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(영문) 광주고등법원(전주) 2016.01.21 2014나3639

건물인도 등

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1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s claims extended and added in the trial, shall be as follows:

Reasons

1. Facts of recognition;

A. On April 16, 2012, the Plaintiff and the Defendant and the Plaintiff’s owner, respectively.

1. As to the real estate indicated in the list (hereinafter “instant bath”) the following lease agreement was concluded (hereinafter “instant lease agreement”).

[Real Estate Lease Contract] Article 1 of the Defendant shall pay to the Plaintiff the lease deposit and rent for the instant bath as follows.

The KRW 10,000,000 (Won 10,000,00) monthly rent of KRW 20,000 (Won 10,000) shall be paid on the 20th day of each month, and the down payment of KRW 10,000 (Won 10,000,000) shall be paid at the time of the contract and paid at the time of the contract, and the intermediate payment of KRW 40,00,000 (Won 40,000) shall be paid on April 20, 2012.

The remainder of OWon 50,000,000 won shall be paid on April 25, 2012.

Article 2 The Plaintiff shall deliver the instant bath to the Defendant by April 20, 2012, with the condition that it can be used for the purpose of lease, and the term of lease shall be 24 months from the date of delivery.

Article 5 When the lease contract term expires, the defendant shall restore the bath of this case to its original state and deliver it to the plaintiff, and the plaintiff shall return the lease deposit to the defendant.

In such cases, if the overdue rent or damage compensation is made, the balance shall be refunded except for it.

The monthly rent shall be KRW 9,000,000 for four months from June to September each year of the special agreement.

1. The building boiler and various facilities shall be kept in full state;

2. Each public charge shall strictly adhere to the date of the contract;

3. The Plaintiff’s premium is not recognized.

4.The priority shall be given to new tenants the goodwill and the goodwill for non-negotiable items.

5. The monthly rent shall be fixed strictly and may be terminated if it fails to meet the requirements for two months;

6. Maintenance and improvement of the building shall be borne by the Defendant every time, and the Plaintiff and the Defendant shall each bear 50% when the boiler is replaced.

Provided, That the second floor water shall be repaired by the plaintiff when water leakage occurs after the vehicle.

B. The defendant is the plaintiff of this case.

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