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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Conclusion and termination of a lease contract;
A. The facts of recognition (1) the Plaintiff (Appointed Party) and the appointed party (hereinafter the Plaintiff (Appointed Party) together with the appointed party (hereinafter the “Plaintiff, etc.”) share 1/2 shares of each of the real estate listed in the separate sheet (hereinafter the “instant building”).
(2) On October 22, 2012, the Plaintiff, etc. entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 30,00,000,00 for the third floor of the instant building, and the lease term of KRW 2,30,000 for the rental fee from November 15, 2012 to November 14, 2014, with regard to the lease contract (hereinafter “instant lease agreement”).
The main contents of the instant lease agreement are as follows.
[Real Estate Lease Contract] Article 1 (Purpose) Paragraph (1) of the Act provides that the lessor and the lessee shall pay the lease deposit and the rent as follows by agreement.
Deposit 30,000,000 won down payment 5,000,000 won shall be paid and received at the time of the contract. The remainder 25,00,000 won shall be paid on November 15, 2012.
The rent of KRW 2,300,000 shall be paid in advance on the 15th of each month.
Article 2 (Duration) The lessor shall deliver the said real estate to the lessee by November 15, 2012, in a condition that it can use and benefit from the said real estate for the purpose of the lease, and the lease period shall be from the date of delivery to November 14, 2014 (24 months).
Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice consecutively or has violated Article 3, the lessor may terminate the contract without delay.
Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.
Matters of special agreement
1.The surtax shall be separately paid, and the rent shall be paid in advance, but in case of arrears for not less than two months, the lessor.