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(영문) 서울중앙지방법원 2015.08.27 2014가단147204
건물명도 등
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 36,37,098 and KRW 7,150,000 among them, the Defendant (Counterclaim Defendant)’s payment of KRW 36,37,09 and the Plaintiff’s payment of KRW 7,150,00.

Reasons

1. Basic facts

A. On December 8, 2012, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) determined and leased the said real estate as deposit KRW 50 million, monthly rent of KRW 3.6 million (excluding value-added tax), and the period until January 30, 2018 (61 months).

B. On June 28, 2013, the Defendant entered into a sublease contract (hereinafter “instant sublease contract”) that lends the instant real estate from the Plaintiff to a monthly sublease of KRW 6,500,000 (excluding value-added tax), and the major contents of the contract related to this case are as follows.

Article 2 (Period of Lease) (1) This Agreement shall become effective from July 1, 2013 to June 30, 2014, and where either of the parties wishes to terminate a contract, it shall be notified in writing of the reasons for such termination one month prior to the termination of the contract.

(2) Where one of the parties fails to notify his/her intention to terminate a contract under the preceding paragraph, this contract shall be renewed on the same condition.

Article 5 (Change of Rent) (2) If a renewal contract is delayed after the expiration of the contract period due to a cause attributable to the defendant, or the surrender date of the sub-lease is delayed due to a cause attributable to the defendant, the plaintiff appears to be the defendant's clerical error. The plaintiff shall pay the monthly sub-lease for the extended period by the date the contract is finalized or the date the sub-lease is ordered, and shall

(3) Where a holiday is extended due to a cause attributable to the defendant, the defendant shall pay, as a penalty, three times the monthly subleases in addition to the payment of the additional subleases under paragraph (2).

Article 12 (Termination of the Contract) When the contract is terminated due to the termination, termination, or any other cause, the defendant shall, without delay, restore the leased object to the original state and order the plaintiff to do so pursuant to the following subparagraphs:

(2) The defendant shall, under any pretext, pay all the expenses for the facilities, premiums, etc. for the premium and other facilities paid with respect to the sublease object.

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