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(영문) 서울고등법원 2015.12.17 2015나15025
건물인도
Text

The judgment of the first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounted to KRW 107,493,282 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On September 24, 2012, the Plaintiff leased the instant building to the Defendant with the following content:

(hereinafter referred to as the “instant lease agreement”). [The purpose of lease: the lease of the building of this case under Article 1 (Purpose) of the Seodaemun-gu and Living Miscellaneous, the Plaintiff and the Defendant will pay the lease deposit and the rent as follows by agreement only for the lease of the building of this case.

The balance of KRW 120,000,000 shall be paid within three days after completion.

3,000,000 won per month shall be paid on the 20th of each month.

(A) Value-added tax is separate). Article 2 (Period of Lease) (1) shall be three years from the date of delivery.

(The date of delivery shall be the remaining payment date). If a lease contract is terminated under Article 5 (Termination of the Contract), the defendant shall restore the building in this case to its original state and return it to the plaintiff.

In such cases, the plaintiff shall refund the security deposit to the defendant, and if the rent in arrears or damages are paid, it shall be removed and the balance shall be refunded.

[Attached Special Terms and Conditions]

7. Consenting to the registration of creation of chonsegwon by the defendant and actively cooperate, and all necessary documents shall be submitted to a person designated by the defendant (a certified judicial scrivener office, etc.).

(hereinafter omitted) 8. The Plaintiff’s period of preparation for business, such as interior medicine, is 30 days from the date of the payment of the remainder, and does not include rent during this period.

9. Management expenses shall be 4,000 won per square meter on the basis of the exclusive use area.

(hereinafter omitted) 11. In the event of arrears with monthly rent, 20% interest per annum shall be paid.

12. On the right side, stairs shall be made after completion.

The Defendant completed the registration of the establishment of the instant chonsegwon, which was from November 30, 2012 to December 15, 2015, pursuant to Article 7 of the terms and conditions of the instant lease agreement, the lease deposit of KRW 120,000 (hereinafter “the instant lease deposit”) with respect to the instant building on November 30, 2012, and from November 30, 2012 to December 15, 2015.

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