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(영문) 대구지방법원서부지원 2019.05.30 2018가단58469
임대차보증금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendants: (a) co-owners holding one half of the instant real estate shares; (b) concluded a lease agreement with E Co., Ltd. (hereinafter “E”) on February 2, 2016 with regard to the instant real estate.

Article 1 [Indication of Rental Objects] (1) Location: F, G H subparagraph 2: International agency Article 2 (Term of Lease, etc.) (1) The term of the lease contract shall be from February 2, 2016 to February 1, 2021.

Provided, That where a lessor or lessee fails to notify in writing the other party of his/her intention of termination, change, etc. of the term of the lease two months before the expiration of the term of the lease, it shall be automatically extended every two years under the same conditions as

Article 3 (Lease Deposit) (1) The lessee shall pay the lessor KRW 100,000,000 as the lease deposit by February 15, 2016.

Article 4 [Monthly Rent] (1) The monthly rent to be paid by the lessee to the lessor shall be KRW 3,900,000 (Additional Tax).

Provided, That the monthly rent of which the period of use is less than one month shall be calculated on a daily basis.

Article 9 (Restriction on Transfer of Right of Lease and Sub-lease) (1) A lessee shall not transfer the right of lease to a third party or sub-lease all or part of the leased object without a prior consent of the lessor.

(2) Notwithstanding paragraph (1), the lessor shall accept the transfer of the right of lease, sub-lease, or entrustment of operation thereof to the following entrusted agencies of the lessee:

- Trade name/representative: A/J Article 18 [Matters under special agreement] (1) A/J Article 9(2) succeeds to the status of a lessee under this Agreement from October 2017 when 20 months have elapsed from the beginning date of the lease contract term, and the lessee withdraws from this Agreement from that time.

B. On December 7, 2017, the Plaintiff succeeded to the status of lessee E, and concluded a lease agreement with the Defendants on the instant real estate (hereinafter “instant lease agreement”).

§ 1.

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