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(영문) 수원지방법원성남지원 2015.10.13 2014가단24722
건물인도 등
Text

1. The Defendant is the second floor of the real estate indicated in the Defendant’s attached list from July 15, 2014 to KRW 18,600,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 11, 2012, the Plaintiff leased the leased object of this case, among the real estate listed in the attached list owned by the Plaintiff, from May 15, 2012 to May 14, 2014, with the term of lease fixed from May 15, 2012 to May 14, 2014, with the deposit of KRW 30 million, monthly rent of KRW 900,000 (repaid on May 14, 201), and inn for use.

(2) In the context of the instant lease agreement, the term “the instant lease” refers to the following: (a) the terms and conditions of the instant lease agreement stipulate: “Facilities costs and key money are not recognized; (b) the cost of repairing not exceeding KRW 300,000 is borne by the lessee; (c) the lessee recognizes that the wall between the interior room and the car transportr may be destroyed (or can be removed and repaired). Before exceeding KRW 6 million, the lessor shall notify the lessee thereof; and (d) this agreement shall be terminated. All liabilities related to the operation are against D. Since the right to the deposit exists to C, the return of the deposit shall be remitted to the Korean E bank.”

B. 1) The instant building was registered in the building ledger as a non-compliant building for the reason of the extension of the rooftop, and was restored to its original state on April 13, 2012, and was removed from the non-compliant building. In other words, on February 13, 2014, the instant building is registered in the building ledger as a non-compliant building on the ground of the extension of the rooftop (3 stories), and on the ground of the unauthorized extension of the rooftop (48.8 square meters, accommodation facilities) on February 13, 2014.

C. 1) At the time of the Defendant’s conclusion of the instant lease agreement, among the instant buildings, HS Headings 301, 302, and 303 (a total of 44 square meters) indicated in the attached drawing on the rooftop among the instant buildings (a total of 44 square meters, but there was a hole on the roof of each apartment room, and potent was placed in a transparent acrylic plate, and each door was dismantled.

The defendant shall repair the roof and door of the above 301, 302, and 303 rooms, and it shall be accompanied with the object of the lease of this case.

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