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(영문) 서울서부지방법원 2016.06.15 2016가합32544
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 1,724,965,439 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiff is a rental business operator of Yongsan-gu Seoul Metropolitan Government, and the above B apartment is a privately constructed rental house as stipulated in Article 2 of the Rental Housing Act, and can be converted for sale at the lapse of five years from the commencement date of lease, which

B. On April 28, 2009, the Plaintiff entered into the instant lease agreement with the Defendant with the lease deposit of KRW 2,032,80,000, monthly rent of KRW 3,461,00, and the lease term of KRW 5 years from the beginning date of the occupancy designation period, which is the lease obligation period.

The main contents of the instant lease agreement relating to the instant case are as follows.

Article 1 [Rental Deposit / Payment Method / Rent and Payment Method / Lease Term] (4) "B" (the defendant who is a lessee; hereinafter the same shall apply) shall pay the rent for the month by the end of each month, and if he/she fails to comply with this, he/she shall pay the overdue amount in addition to the late payment charges under

Article 3 (Late Payment) "B" shall pay the rental deposit referred to in Article 1 to "A (a) without interest," and if the payment is not made by the date of the payment agreement referred to in Article 1 (2), the late payment shall be made by adding the late payment charges calculated by applying the minimum overdue rate for general loan loans of financial institutions under the Banking Act, the market share of the household funds loan market as a financial institution under the Banking Act is the highest.

Article 7 (Change in Terms and Conditions of Lease, etc.) (1) "A" and "B" may adjust the rental deposit, rent, management fee, user fee or payment for installments in any of the following cases:

However, the adjustment of lease deposit and rent (hereinafter referred to as "lease, etc.") shall not violate the provisions prescribed by the Rental Housing Act and the Housing Lease Protection Act, and the rent under Article 2 of the Enforcement Decree of the Housing Lease Protection Act.

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