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(영문) 서울북부지방법원 2016.12.23 2016나31891
건물인도 및 손해배상(기) 등 청구
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant is against the plaintiff A, the corporation of 242.

Reasons

1. Facts of recognition;

A. The Plaintiffs are sectional owners holding each of the sectional owners who own the sectioned stores (hereinafter “Plaintiffs-owned stores”) as shown in the list of the third floors (attached Form 1) of the main complex facilities of the Dongdaemun-gu Seoul Metropolitan Government MM steel concrete structure 21st floor (hereinafter “N buildings”).

B. On June 14, 2013, the Defendant concluded a lease agreement with theO and P as follows (hereinafter “instant lease agreement”) with respect to the third floor of the N building, as the president of the 3rd floor of the N building, consisting of sectional owners of the third floor of the N building.

At the time, the defendant was not delegated by the plaintiffs with the authority to conclude a lease agreement on the store owned by the plaintiffs.

A lessor(A) of a lease contract: N or P2(Indication of the object of lease) address: N or P2(Lease of the building in Q Q Q of Dongdaemun-gu, Seoul. The owner of a divided ownership of the third floor of the building in Q of the building can participate in the development and activation. 2) A shall pay a penalty for breach of a lease contract, such as illegal (change of the purpose of use, sub-lease, etc.) or non-performance penalty, and shall compensate for damages for civil or criminal liability.

3) The share of the third floor of the NV located in the Dongdaemun-gu Seoul Metropolitan Government in co-ownership ( stairs, corridor, elevator, etc.) is 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: 18,000,000 won shall be paid on the 14th day of each month.

(The construction period 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, regardless of intention or negligence).

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