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(영문) 서울중앙지방법원 2018.12.06 2018가합555022
부동산인도
Text

1. The Defendant (Counterclaim Defendant) shall draw up the attached Form 2 among the real estate 790.72 square meters on the first floor listed in the attached Table 1 list to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. 1) On October 8, 2013, the Plaintiff, a stock company for the purpose of passenger transport service, etc., entered into the instant lease agreement with the Defendant, as indicated in the separate sheet No. 1 (hereinafter “instant building”).

() Of the 790.72 square meters per one story, a contract under which part 270.34 square meters inboard connected with each point of the attached Table 2 drawings, among the 790.72 square meters per one story, is to be leased with a lease deposit of KRW 20 million, monthly rent of KRW 30,120,000,000 from November 1, 201 to October 31, 2018 (hereinafter “instant lease contract”).

The Plaintiff and the Defendant agreed to use not only the 440.38m2 as well as the 781.32m2m2, which is a whole, of the instant building’s underground floor. 2) The main contents of the instant lease agreement are as follows.

Article 11(2) The lessee may, with the prior written consent of the lessor, engage in the following acts at the expense of the lessee after obtaining the approval of the competent office. ① The act of establishing or changing operation, partitions, windows, etc. within the leased object: (2) the act of newly installing, expanding, relocating, or changing facilities, such as electric Dong, electric power system, telephone, water supply and drainage, GAS, etc. (3) The act of expanding, expanding, or altering the elevator and the fifth floor extension) the lessee gives up the right to claim reimbursement of all beneficial costs borne by the lessee under the preceding paragraph and the right to demand the purchase property reverted thereto.

Article 12 (Repair) (8) Upon expiration or termination of the contract, the lessor shall restore the facility to its original state as before and after the occupancy of the facility to its original state, and the lessor shall deduct the leased object from the deposit after work. In any case, there is no premium. (2) In addition, the lessee who terminates the contract may not request the lessor to pay the premium, considering any reason, such as depreciation of the interior cost, etc.

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