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(영문) 부산고등법원 2015.04.28 2014나5579
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff (Counterclaim defendant)'s main claim is dismissed.

(b).

Reasons

1. Basic facts

A. On July 12, 2012, the Plaintiff: (a) leased the instant building to the Defendant with a deposit of KRW 150 million; (b) KRW 6 million per month; (c) management expenses (excluding value-added tax); and (d) the lease period from October 10, 2012 to October 9, 2015; and (c) the Defendant entered into a lease agreement with the Plaintiff with a deposit of KRW 15 million on the date of the contract; (d) the intermediate payment of KRW 30 million on September 10, 2012; and (e) the remainder of KRW 50 million on September 10, 2012; and (e) the remainder of KRW 50 million on October 10, 2012; and (e) the lease agreement with the Plaintiff on October 9, 2013 (hereinafter “instant lease agreement”).

Article 4 (Lease Deposit and Monthly Rent) Paragraph (4) (Rent) The defendant shall pay 6 million won of monthly rent (excluding value-added tax) to the bank designated by the plaintiff by the tenth day of each month.

Provided, That where the payment deadline expires, the amount calculated by applying the overdue interest rate of 16% of the delinquent amount shall be paid to the number of overdue days.

Article 5 (Prohibition of Assignment of Right of Lease) Paragraph 1) The defendant shall not transfer the right of lease to a third party, and shall not establish any right such as a pledge, security, etc. In the event of acquiring the right of lease, etc. in violation of the preceding paragraph, the defendant and the third party shall not be entitled to claim the right of lease against the plaintiff, and the plaintiff may terminate the right of lease automatically

(3) The Plaintiff did not recognize that the Defendant subleases the subject matter to a third party, and the Defendant is not entitled to demand the Plaintiff to give any consent to sublease of the subject matter. Paragraph (4) of this Article), with respect to the Defendant’s store management method, such as marriage operated by the Defendant on lease of the subject matter, special management method of mixed water business, multiple store management methods, etc., the Plaintiff cannot interfere with during the lease period.

Article 6 (Paragraph 1) The defendant shall be the plaintiff every month to pay taxes and public charges, such as electric charges, water supply and drainage charges, mutual assistance charges, cleaning and management expenses, and value-added taxes, in accordance with separately computed calculation by the plaintiff.

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