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(영문) 대전지방법원 2015.06.24 2014가합7142
건물명도 등
Text

1. The defendant shall receive KRW 2,201,036 from the plaintiff (appointed party) and the appointed party at the same time.

Reasons

Basic Facts

The Plaintiff (Appointed Party) and the Appointed (hereinafter referred to as “Plaintiff, etc.”) share 1/2 shares of each of the real estate listed in the separate sheet (hereinafter referred to as “instant building”).

Plaintiff

On October 22, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with regard to the lease deposit of KRW 30 million with respect to the third floor 469.86 square meters of the instant building (hereinafter “the instant lease”). From November 15, 2012 to November 14, 2014, the lease agreement was concluded between the Defendant and the amount of KRW 2.3 million (hereinafter “the instant lease agreement”).

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

[Real Estate Lease Contract] Article 1 (Purpose) Paragraph (1) of the Act provides that the lessor and the lessee shall pay the lease deposit and the rent as follows by agreement.

Deposit 30 million won KRW 5 million shall be paid and received at the time of the contract. The remainder 25 million won shall be paid in November 15, 2012.

The rent of KRW 2.3 million shall be paid in advance on the 15th of each month.

Article 2 (Duration) The lessor shall deliver the said real estate to the lessee by November 15, 2012, in a condition that it can use and benefit from the said real estate for the purpose of the lease, and the lease period shall be from the date of delivery to November 14, 2014 (24 months).

Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice consecutively or has violated Article 3, the lessor may terminate the contract without delay.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.

Matters of special agreement

1.The surtax shall be separately paid, and the rent shall be paid in advance, but in case of arrears for not less than two months, it shall be subject to the disposition of the lessor.

2. Management expenses shall be the provisions concerning the management of buildings;

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