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(영문) 서울고등법원 2017.09.14 2017나2010037
건물명도
Text

1. According to the amendment of the purport of the principal claim by this court, the judgment of the first instance is modified as follows.

Reasons

1. In this item of basic facts, the principal claim and counterclaim shall also be deemed to have been filed.

A. The Plaintiff is the owner of the instant building (sectioned building).

The Plaintiff’s Syman E operated Symana with the trade name “Faman” in the instant building.

The defendant concludes a lease contract with the plaintiff to lease the building of this case, and is a person who has registered the business of Faman in his name following E.

However, FLinna substantially operated by the defendant G.

B. The main contents of the above lease agreement concluded on August 8, 2013 between the original Defendant and the Defendant are as follows.

The indication of the real estate subject to the instant lease agreement: Article 1 (Deposit and Time for Payment), Article 2 (Monthly Taxation) (1) of the Building Act (including value-added tax), 4,200,000 won as of the last day of each month, shall be paid as of the last day of each month.

Article 3 (Management Expenses, etc.) In addition to Monthly Taxes, the following shall be borne by the lessee:

(1) Management expenses shall be borne by the lessee.

(2) Items other than management expenses: The lessee shall bear 80,000 won per month rent for the mechanical room:

Article 4 (Delivery, Lease Period, etc. of Real Estate) (1) A lessor shall transfer the instant building to a lessee on August 9, 2013 (Delivery Date) in the condition as at the time of the instant lease agreement, and the lease period shall be from November 1, 2013 to October 31, 2015.

shall be re-leased after the expiration of the period.

Article 5 (Designation of Types of Business) (1) Lessee shall use leased real estate for the purpose of operating business at the time of the contract.

Article 7 (Right to Termination of Contract) (1) If the lessee has failed to pay monthly rent (Article 2) more than three times (limited to cases of continuous non-payment without any continuous delay), the lessor may terminate the contract.

Article 10 (Special Matters prescribed) (1) Repair of defects in boilers and machinery and equipment shall be borne by the lessee, and defects, such as leakage of buildings, shall be borne by the lessor.

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