(영문) 서울고등법원 2015.01.13 2014나7751 | 리걸엔진

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(영문) 서울고등법원 2015.01.13 2014나7751

건물명도

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On January 23, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with the terms that the building listed in the separate sheet (hereinafter “instant building”) was leased KRW 150 million as security deposit, KRW 150 million as monthly rent (including value-added tax), and the period from February 26, 2013 to February 25, 2018. The main contents of the instant lease agreement are as follows.

Article 3 (Restriction on Use) The Defendant shall lease the leased object for public bath and its ancillary use, and shall not use all or part of the leased object for any other purpose without the written consent of the Plaintiff.

Article 5 (Lease Deposit) (6) When this contract is terminated due to the expiration, termination, or any other cause specified in this contract, the defendant shall perform the obligation to restore the leased object to its original state as stipulated in Article 26, and the plaintiff shall refund the lease deposit to the defendant on the date when the defendant confirms that the leased object was restored to its original state and after confirming it together with the defendant.

Article 6 (Monthly Rent) (1) Monthly rent is KRW 12 million (excluding value-added tax), which shall be one month from the first day of each month to the last day of each month, and shall be paid in cash to the bank account designated by the plaintiff by the last day of each month.

(3) Monthly rents shall be calculated from the commencement date of the lease, and if the lease period commences or terminates in a month, the number of days shall be calculated.

Provided, That the starting point of the initial rent from the commencement date of lease shall be applied from March 16, 2013.

Article 10 (Construction Works in Place) (1) All construction works for public bath business other than basic interior works installed by a plaintiff within the leased object shall be the responsibility and the burden of expenses of the defendant.

(2) The defendant shall select a contractor and submit a design drawing to obtain prior approval from the plaintiff, and shall execute the construction work in accordance with the work plan and details approved by the plaintiff.

유사 판례

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