(영문) 대전지방법원 2020.01.15 2018가합103550

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(영문) 대전지방법원 2020.01.15 2018가합103550

건물명도(인도)

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1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the separate sheet.

2...

Reasons

1. Basic facts

A. On February 21, 2018, the Plaintiff entered into a lease agreement with the Defendant and the Defendant on the following terms: (a) the building listed in the attached list (hereinafter “instant real estate”) KRW 500 million as lease deposit and KRW 358 million as of February 28, 2028 from the date of delivery of the instant real estate (hereinafter “instant lease agreement”); and (b) the Defendant possessed the instant real estate as of the date of the contract by transferring it to the Defendant.

Article 2 [Term of Lease and Use] (1) Lessee shall use the leased commercial building for the purpose of the business kynae.

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 the lessor shall refund the balance after deducting it when the rent in arrears or damages, etc. are paid.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.

In addition, the contracting party may claim damages from the other party due to the cancellation of the contract.

Matters of special agreement

1. The remainder of the lease contract shall be rental rate of four months;

2. The lessor shall actively cooperate with the lessee in changing the interior and facilities for the smooth operation of the lessee;

5. A lessor may deliver the status of a lessor as a buyer or a third party for the project of the building.

6. The lessor may utilize the details related to the lease of the lessee for advertisement, public relations, etc. from the date of conclusion of this contract, and the lessee shall agree to do so;

Provided, That the type of business, brand, trade name, etc. related to this lease agreement may be changed.

B. The plaintiff and the defendant of this case.

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