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(영문) 서울고등법원 2016.12.16 2016나2039505
손해배상(기)
Text

1. The defendant against the plaintiffO in excess of the following amount among the monetary payment claims in the judgment of the court of first instance.

Reasons

1. Basic facts

A. The plaintiffs are attached to the second floor " Q" (hereinafter "the real estate of this case"), which is an aggregate building in Yeongdeungpo-gu Seoul Metropolitan Government P

2. Each building of the section for exclusive use (hereinafter “each of the stores of this case”) such as the list in paragraph (3) of the sectional ownership is divided, and the standard store of 4.96 square meters for exclusive use by the plaintiffs under divided ownership is "one unit".

[Attachment ]

3. Co-ownership of corridors and stairs, such as entry in the real estate list (hereinafter “instant co-ownership”).

B. The remainder of the Plaintiffs except PlaintiffO agreed on the lease agreement on May 9, 2015 between PlaintiffO and Defendant around November 2014, and PlaintiffO agreed on March 2, 2015.

However, on March 2, 2015, the parties agreed that the date of entering into a lease agreement shall be retroactive to March 2, 2015, and accordingly, the date of entering into a contract on the lease agreement was March 2, 2015.

(A) Therefore, the lease contract between the said Plaintiff and the Defendant is deemed to have been concluded on March 2, 2015.

The plaintiffs entered into a lease agreement between the defendant and the defendant on the part of each of the stores of this case, 500,000 won per unit of deposit, 120,000 won per month per unit of rent (payment on the last day of each month) and the lease term from January 30, 2015 to January 30, 2020 (hereinafter "each of the lease agreements of this case"), and the main contents thereof are as follows.

Article 4 (Prohibited Matters)

7. The defendant may not raise a civil or criminal objection against the suspension or fractional of power that may occur between businesses, and the defendant shall resolve it.

Article 6 (Termination of Contracts)

1. If the Defendant does not pay the rent or management fee for a period of two months, this Agreement shall be automatically terminated without any separate notice from the Plaintiffs.

Article 7 (Nameing, etc. of Rental Objects)

2. Where the contract is terminated during the term of the contract, the defendant shall restore all the facilities to the original state, and the plaintiffs in the event of default.

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