(영문) 의정부지방법원 2015.01.23 2014나52460

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(영문) 의정부지방법원 2015.01.23 2014나52460

청구이의

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1.The judgment of the first instance shall be modified as follows:

The defendant's District Court 2012No. 138 against the plaintiff.

Reasons

1. Facts of recognition;

A. On November 1, 2012, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the lease deposit amount of KRW 120,000,000, monthly rent of KRW 490,000, and the management fee amount of KRW 850,000, and the period from November 1, 2012 to October 31, 2013 (hereinafter “instant lease agreement”).

The prohibition of the plaintiff under the above lease agreement shall be as follows:

Article 14 (Prohibited Matters) The plaintiff or the plaintiff's employees shall not commit the following acts:

1. To obstruct or discontinue the business or duties of the defendant or other lessee;

7. An act of being notified that it is not good to the management of a building or to the aesthetic view or dignity;

8. Other acts prohibited by internal regulations.

B. On January 4, 2013, in order to prevent the occurrence of a dispute that may arise during the lease period or after the expiration of the lease period stipulated under the instant lease agreement (as indicated in the grounds for claim among the following protocol of protocol), the Plaintiff and the Defendant as “applicant” and the Defendant as “Respondent,” and filed a lawsuit by telephone (hereinafter “instant protocol of protocol”) with the following content:

1. On October 31, 2013, the expiration date of the lease contract stipulated in the lease contract, the respondent receives 120,000,000 won from the applicant as well as ordering the applicant to do so.

Provided, That if the applicant or respondent does not express his/her intent in writing one month before the expiration of the contract term, this contract shall be deemed renewed under the same conditions, and the fee and the public interest expense shall be re-resolutioned with the consent of the respondent at the request of the applicant.

2. The respondent shall pay to the applicant the monthly rent of KRW 4,900,000 and the management fees of KRW 850,000 (value-added tax and electricity tax separate) for the period from November 1, 2012 to the end of each month.

November 2013, when the lease period has been extended after the expiration of the lease period.

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