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(영문) 서울중앙지방법원 2016.06.15 2015가단122394
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Appendix 1, 2, 3, 4 and 1, among the underground floors of the buildings listed in the separate sheet.

Reasons

1. Basic facts

A. On January 13, 2012, the Plaintiff leased (hereinafter referred to as “the first lease agreement in this case”) a deposit of KRW 30 million, monthly rent of KRW 30 million (excluding value-added tax, the last day of each month), the lessee, and the lease period from January 19, 2012 to January 18, 2013, with the indication of the drawings 1, 2, 300m2 (a) of the attached table among the underground floors of the buildings listed in the attached list, and the head of the Gu of this case delivered the Gu of this case to B on the 19th day of the same month.

B. On May 13, 2013, the Plaintiff, B, and the Defendant agreed to take over the status of a tenant under the instant first lease contract from B, and agreed to take over the lessee’s name as C. Accordingly, the Plaintiff entered into a lease agreement with C as between the Plaintiff and C on the instant party site with a deposit of KRW 30 million, monthly rent of KRW 30 million, monthly rent of KRW 500,000,000, monthly management fee, and the lease period from January 19, 2013 to January 18, 2014.

C. Since then, the Plaintiff: (a) set up a plan to remove and reconstruct the building with the headquarters of this case on October 2015; and (b) on November 27, 2014, agreed to lease the headquarters of this case to the Defendant with the following contents; (c) however, the Plaintiff agreed to lease the lessee’s name to C:

(hereinafter referred to as "the instant extension contract"). Article 1 (Terms and Conditions for Lease, such as Lease Objects, Lease Deposit, etc.) (1) Lease Objects: Lease deposit (2) Lease deposit: KRW 20 million: 3 million: 2.3 million in monthly rent (excluding value-added tax), but on January 2015, it shall be 3.5 million in advance (excluding value-added tax).

(4) Management expenses: The lease period: from January 19, 2014 to September 30, 2015 (from January 19, 2015 to September 30, 2015). (6) The special circumstances of this lease - The building subject to the lease scheduled to be reconstructed shall commence to be demolished on or around October 2015 and be used temporarily as an expected to be reconstructed, and it shall be impossible to renew or extend the lease.

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