(영문) 의정부지방법원 2017.03.31 2016나62348

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자간(%)

(영문) 의정부지방법원 2017.03.31 2016나62348

건물명도 등

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 27, 2013, the Plaintiff leased each of the buildings listed in the separate sheet (hereinafter “instant building”) to the Defendant, with a deposit of KRW 25,00,000,000, KRW 1,793,000 per month of rent (including value-added tax), the last day of each month from September 2, 2013 to September 30, 2016, respectively.

(2) Of the instant lease agreement, matters relating to the instant lease agreement are as follows.

Article 4 (Monthly Rent) (1) When the defendant does not deposit the monthly rent and all expenses to be paid to the plaintiff within the payment period, the overdue interest of 2% per month shall be paid additionally.

② When the rent is overdue on more than two occasions, the Plaintiff may dispose of at will, regardless of the term of the contract, and the Defendant shall lose the benefit of the term, and the lease contract shall be terminated immediately upon the notification of the Plaintiff.

All the expenses related thereto are borne by the defendant and are not raised.

(3) In the case of paragraph (1) and (2), the plaintiff may arbitrarily deduct the monthly rent, management fee, public charges, etc. from the defendant's rental deposit.

Article 6 (Occupancy and Art. 6) (1) The occupancy date shall be the beginning date of the defendant's interior.

(3) The interior works may be executed after full payment of a rental deposit.

(4) A building shall be transferred to a completed state, and all partitions shall be constructed in light partitions when interior works are completed.

Article 7 (Nameing and Reinstatement) (2) When the defendant orders the plaintiff to restore the goods, he/she shall restore the goods to the original state, and the defendant shall pay all of the expenses.

(3) If any defect occurs in the basic facilities changed by the defendant, such defect shall be restored to its original state.

(4) The acquisition of a facility shall also be obliged to restore it to its original state, and the defendant shall restore it to its original state.

B. The Defendant shall pay the Plaintiff a security deposit in accordance with the instant lease agreement.

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