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(영문) 서울고등법원 2019.05.02 2016나2035664
건물명도
Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim, which was partially withdrawn, expanded or added by this Court, and this Court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 27, 2014, the Plaintiff entered into a lease agreement with the Defendants on the real estate listed in the separate sheet (hereinafter “instant store”) with the Plaintiff as KRW 20 million, monthly rent of KRW 15 million (Provided, That for six months from the date of the contract, KRW 12 million), and the term of the lease was three years from the date of delivery of the instant store (hereinafter “instant lease agreement”). The key contents are as follows.

Article 2 (Duration) of the real estate lease contract shall be delivered to the lessee by October 27, 2014 in a condition that the lessor may use and benefit from the said real estate for the purpose of the lease, and the lease period shall be three years from the date of delivery (by October 27, 2017).

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the purpose or structure of the above real estate, transfer the sub-lease, lease or offer the security, or use it for any purpose other than the purpose of lease without the consent

Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice consecutively or has violated Article 3, the lessor may terminate the contract without delay.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.

The special agreement shall be entered into with the same special agreement as a separate agreement on this contract.

Value-added tax on rent shall be separately imposed.

Provided, That rent shall be reduced by 12,00,000 won for six months from the date of the contract (from April 2014).

In relation to the certificate of fire-fighting permission, a lessor shall collect a certificate of waiver (or a certificate of surrender execution) of the former lessee (D) and make it possible for the said lessee to make a cycle of pollution.

(b) Lease contract;

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