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(영문) 서울중앙지방법원 2018.10.31 2018가단5104156
건물명도(인도)
Text

1. The counterclaim Defendant:

(a) deliver the real estate listed in the annex;

(b) KRW 27,182,800 and April 1, 2018

Reasons

1. Facts of recognition;

A. On January 1, 2009, the Defendant leased the real estate indicated in the attached Form (hereinafter “instant real estate”) from the Plaintiff, and operated the waking and the lux restaurant in the name of “C” at each place.

On February 2015, the Plaintiff and the Defendant concluded a lease agreement on the instant real estate with the following terms:

(hereinafter “instant lease agreement”). Article 4 (Period of Lease Contract) (1) The term of lease contract is three years from March 1, 2015 to February 28, 2018.

Provided, That the lease term under this contract shall be extended for two years under the same conditions as this contract, unless one of the parties has expressed a written intent (re-issuance, refusal, or change) in writing not later than three months before the expiration of the lease term.

Article 5 (Lease Deposit): Article 6 (Rents): At the end of each month, the payment of KRW 31,540,000 for the last day of each month (excluding value-added tax): Article 7 (Management and Maintenance Expenses): Article 8,460,000 for the last day of each month (excluding value-added tax): Where the contract expires due to the expiration or termination of the term of the lease contract under Article 12 (Refund of Lease Deposit) or for any other reason, the lessor shall return the lease deposit to the lessee within ten days after he/she is ordered to order the lease property.

Article 15 (2) A lessee shall reinstate at his/her own expense to the original state in regard to any alteration work for the same Section, such as all useful expenses borne by the lessee.

(3) If the lessee has failed to perform the above obligations or is not deemed to have been able to restore the leased property to its original state, the lessor may deduct the expenses incurred in restoring the property from the deposit for lease.

Article 29 (Right of Lessee to Termination of Contract) ① When a lessee has committed any of the following acts, the lessor may immediately terminate this contract without any peremptory notice, and the contract shall be deemed to have been terminated at the time of occurrence of the cause of termination at the same time; and

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