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(영문) 서울북부지방법원 2021.01.19 2020가단104962
건물명도 등
Text

Defendant (Counterclaim Plaintiff) is from 15,197,00 won to 15,197,00 won from the Plaintiff (Counterclaim Defendant) to 25,200 real estate listed in the attached Table from January 25, 202.

Reasons

1. Basic facts

A. (1) On October 10, 2005, the Plaintiff entered into a lease agreement with the Defendant on a set of deposit amount of KRW 20 million, monthly rent of KRW 1100,000,000, monthly rent of KRW 11000,000,000, monthly rent, management fee, and period from October 25, 2005. At that time, the Plaintiff received KRW 20,000,000 from the Defendant.

On the other hand, the lease contract prepared at the time of the above lease contract states, "The rent may be reconstructed or altered to the reduction of the lessor's succession, but the lessee will restore the property to its original condition at the expense of the lessee before the date of return of the real estate (Article 5)." (Article 5) The rent can be regarded as a special contract, and the rent shall be restored to its original condition at any time when there is damage to the inside and outside of the store during the use of the

2) The rent shall bear joint electricity and water supply charges.

“.........”

2) Afterwards, the Defendant operated a depository on the ground floor among the instant real estate, and in the process, the said lease was explicitly renewed several times.

B. 1) On February 12, 2010, the Plaintiff and the Defendant concluded a lease agreement between February 11, 2011 and December 12, 201 with respect to the instant branch of the instant building at KRW 20 million, monthly rent of KRW 1100,000,000 as in the previous case, and the period of the lease agreement between February 11, 201 and December.

The lease contract which was concluded at the time of the above lease agreement states, “The rent may be reconstructed or altered to the reduction of the lessor’s succession, but before the date of return of the real estate, the lessee will restore the property to its original condition at the lessee’s expense (Article 5).” (Article 5) The rent may be regarded as a special contract, and the rent shall be restored to its original condition at any time when there is any damage inside and outside the store during the use of the store.

2) The rent shall bear joint electricity and water supply charges.

“.........”

2) The Plaintiff and the Defendant around January 25, 201 have the lease deposit amount of KRW 20 million and monthly rent of KRW 1100,000 with respect to the ground floor among the instant real estate, and the period shall be January 24, 2012.

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