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(영문) 서울중앙지방법원 2015.07.14 2014가단147419
건물인도등
Text

1. The part of the Plaintiff’s claim against the Defendants for removal of the facilities is dismissed.

2. The Defendants jointly do so.

Reasons

1. Basic facts

A. On August 10, 2009, the Plaintiff entered into a lease agreement with Defendant A and the Plaintiff on the part of the store indicated in attached Form 1, 2, 4, 3, and 1 (Seoul, Gangnam-gu, Seoul, Seoul, 2004, 29.6 square meters (hereinafter “instant leased object”) at a contract price of KRW 109,00,000 (including additional tax), lease deposit amount of KRW 16,349,940, lease period of August 10, 2009, from September 24, 2014, monthly rent of KRW 1,816,60, and type of business to be leased (hereinafter “instant lease agreement”).

B. Main provisions applicable to the instant lease agreement

Details are as follows:

1) In the event of a cause for refund of rental deposit under Article 9 (Rental Deposit), the Plaintiff shall refund the rental deposit upon Defendant A’s request after the delivery of the leased object of the instant case is completed. 2) Penalty under Article 10 (Penalties) shall be determined by the amount corresponding to three-month rent at the time of cancellation or termination of the contract.

Where a contract is terminated or terminated due to a cause attributable to the defendant A, the plaintiff shall preferentially deduct the penalty from the lease deposit.

3) In the event that this contract is terminated or terminated under Article 11 (Establishment and Restoration of Facilities), the defendant A must restore the facilities related to the operation of this project to its original state. However, with respect to the facilities which have agreed on the acceptance of donations between the parties, the plaintiff may be exempted from the obligation to restore to its original state, and the obstacles which have been removed or removed shall not be included in the scope of restoration to their original state; 4) Article 12 (Specialized Points and Prohibition of Transfer) Article 12 (Specialized Points and Prohibition of Transfer) Article 12 (Specialized Points and prohibition of Transfer) Article

5) Article 15 (Matters to be Observed by Defendant A, at a professional store, observe the upper limit and conditions, such as the license and permission, etc., of the relevant statutes.

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