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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On August 13, 2014, the Defendant: (a) leased part of 329.3 square meters (hereinafter “instant building”) of part of the 1st floor of the building on the land in the Subdivision-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant building”) to the Plaintiff as the lease term from August 13, 2014 to August 12, 2016; (b) the lease deposit amount of 50,000,000 won; and (c) the rent of 6,00,000,000 won (payment on August 25, 2014).
(hereinafter “instant lease agreement”). The Plaintiff operated a car page in the instant building.
B. On November 17, 2014, the Defendant, the lessor of the instant lease agreement, and the Plaintiff, the lessee, drafted a protocol of compromise prior to the filing of the lawsuit as follows: (a) Sung-nam Branch of Suwon District Court 2014No189, supra;
(hereinafter “instant protocol of conciliation”). 1. The Plaintiff shall restore the building of this case to its original state on August 12, 2016, the expiration date of the lease contract and deliver it to the Defendant.
2. If the Plaintiff commits the following acts, the Defendant may terminate the contract, and the Plaintiff shall deliver the leased object to the applicant one month after receipt of the Defendant’s notice of termination. A.
When he/she delays rent or management fee for at least two months;
(b) When he transfers or subleases all or part of the rights and duties under this contract to another person without a prior approval of the defendant;
(d) Where it substantially conflicts with the common interest of the entire commercial building or substantially disturbs communal order.
4. In the event that the plaintiff transfers the right of lease to another person, subleases the right of lease, provides security, or delays the monthly rent of not less than two years, the defendant may terminate the contract even before the expiration of the contract period. The plaintiff shall deliver the building of this case to the defendant immediately after receiving the notice of termination from the defendant
5. The Plaintiff’s duty of delivery is to simultaneously pay the remainder remaining after deducting the unpaid rent, overdue charge, etc. from the security deposit and management deposit, to the Plaintiff.
The main contents of the protocol of conciliation in this case
C. On January 5, 2016, the Defendant rendered the instant case at the Sungwon District Court’s Sung-nam branch.