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(영문) 서울고등법원 2016.02.26 2015나2031436
건물명도 등
Text

1. Withdrawal and payment of money from the judgment of the court of first instance (the text of paragraphs 2 and 3) below.

Reasons

1. Facts of recognition;

A. On June 14, 2013, the Plaintiff, the designated parties, etc.

1. The chairperson of the Korea Building Association, composed of the three-story owners of the real estate listed in the list (hereinafter “instant real estate”), designated and leased the instant real estate to B and Defendant C as the lease deposit of KRW 250 million (the remainder on the date of the contract deposit of KRW 150 million, the remainder on the date of the contract deposit of KRW 150 million, the remainder on August 14, 2013), the rent of KRW 18 million (the payment is made three months after the contract date), the lease term of KRW 50 million, and the type of restaurant (fran business).

(hereinafter “instant lease agreement”). The main provisions of the instant lease agreement are as follows.

A lessor (A) of a rental contract: A three-story operation meeting of the building department in K and a lessee (B): The address of the object of lease under Article 3 (Purpose of Lease Contract) of the third floor of the building in Dongdaemun-gu Seoul Metropolitan Government (Purpose of Lease Contract) shall enter into a lease contract with the sectional owners who consent to the lease of the third floor in the building department in Dongdaemun-gu, Seoul. The person who has not agreed may participate in development and revitalization. 2) The penalty and non-performance penalty arising from the violation of a lease contract, such as illegal (Change of purpose, sub-lease, etc.) shall be paid by the Corporation and compensation for damages for civil or criminal liability.

3) The share of the third floor of the building in Dongdaemun-gu Seoul Metropolitan Government (Crimes, corridor, elevator, etc.) shall be entered into a contract for use separately with the management body. The category of business to use Article 4 (Types of Business Rentals) is a restaurant business. Article 5 (Lease Deposit and Rent Deposit: 250,000,000 won: 150,000 won: The remainder on June 14, 2013: 10,000 won shall be paid by August 14, 2013: 18,000,000 won shall be paid by August 14, 2013: 4) the rent shall be paid on the 14th day of each month.

(The period of construction work shall take effect at the time of deposit of the down payment (the rent shall be paid after the date of the contract). Article 10 (Compensation for Damages shall be liable if the damage has been inflicted on the building and facilities, regardless of the intention or negligence of the damage).

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