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(영문) 서울고등법원 2016.09.23 2015나2026458
건물명도
Text

1. The part concerning the principal lawsuit in the judgment of the first instance, including the Plaintiff’s claim for principal lawsuit extended at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant entered into a lease agreement between the Plaintiff and the Defendant on October 31, 201, as indicated in the separate sheet owned by the Plaintiff between the Plaintiff and the Defendant (hereinafter “instant building”).

1) Of the first and sixth floors (hereinafter “instant leased premises”)

) A lease agreement is concluded with the terms that each of the lease deposits KRW 500,000,000 for the lease deposit, KRW 28,000,00 for the rent month (excluding value-added tax), and the lease term from October 31, 201 to October 30, 2016 for each of the lease terms (hereinafter “instant lease agreement”).

Around that time, the Plaintiff paid KRW 500,000,000 to the Plaintiff, and on February 20, 2012, the “C Hospital” opened the leased part of the instant case and operated it until now.

The maintenance and repair necessary for improving the value of the leased building and maintaining its limits under Article 6 shall be borne by the lessor, but the repair or repair of the leased section and expendable materials shall be borne by the lessee if necessary after the lease is made.

Article 7:Termination or Rescission or Refusal without Renewal of Lease Terms

(a) Where the lessee has committed any of the following acts, the lessor may terminate this contract or refuse to renew the lease:

3. Termination of a lease contract under Article 8 where he/she is in arrears with a monthly rent at least twice and does not comply with the highest notice.

(a) A lessee shall order a lessor to build a leased building upon termination or termination or termination of a lease contract and simultaneously refund a rental deposit deposited by the lessee to the lessee immediately;

If overdue rents or damages are paid, they shall be removed and the amount shall be refunded.

B. In the case of paragraph (1) above, the lessor may claim restoration of the leased building and accessory or welfare facilities to its original state and the cost thereof. If the lessee acquires the appurtenant articles and facilities for the lessor’s needs, it shall be equivalent to the market value.

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