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(영문) 서울중앙지방법원 2019.10.23 2018가단72230
건물인도 등 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

B. 84,208,193 Won and August 6, 2019

Reasons

Basic Facts

On October 10, 2013, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms that each of the buildings listed in the separate sheet (hereinafter “instant store”) shall be leased KRW 3,00,000 per month from rent (excluding value-added tax), KRW 50,00,000 from rent deposit to November 30, 2018 (hereinafter “instant lease agreement”).

Of the terms and conditions of the instant lease agreement, the provisions pertaining to the instant case are as follows.

(1) The lessee shall pay 3,00,000 won per month to the lessor on the 30th day of each month from the date of the contract.

Value-added tax shall be 10% separately.

13.The maturity, termination and renewal. (1) This contract shall be automatically terminated upon maturity, and the lessee shall restore the leased article to its original state and order the lessor to do so.

(2) If a lessee wishes to extend the lease term, he/she shall deliver his/her intention to the lessor before the contract expires and conclude a renewal contract.

15. Terms and conditions of the special agreement (1) The term of interior of a building shall be recognized from December 2013 to the end of February, 2013, and the rent shall be exempted from December 2013 and January 2014, and the rent shall be reduced by 50% in February 2014.

3. When there is a significant change in price increase and economic situation after the lapse of two years from the date of this contract, the parties concerned may adjust the deposit and the rent by mutual consultation.

In this case, mediation agreement must be made in writing, and the lessee can not bring a lawsuit seeking mediation to the court unilaterally.

(Reconciliation). The Defendant has received delivery of the instant store in accordance with the instant lease agreement, and is operating the traditional tea house up to now.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 and 11 (including branch numbers, if any) and the ground for a claim to determine the purport of the whole pleadings, the plaintiff entered into the instant lease agreement with the defendant with regard to the instant store from December 1, 2013 to November 30, 2018, and the defendant entered into the lease agreement with regard to the instant store.

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