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(영문) 춘천지방법원 2015.02.04 2014가단4364
건물명도 및 임대료
Text

1. The Plaintiff:

A. Defendant B: (1) deliver (2) 5,440,000 won to the first floor moving to Switzerland D, and (2) deliver 5,440,00 won.

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence 1 to 8, 12 to 16, and Eul evidence 5, respectively. A. The whole purport of the pleadings is to be admitted.

On August 3, 2005, the Plaintiff entered into a lease agreement with Defendant B, setting the first floor No. 108 (hereinafter referred to as “the leased object of this case”) to be moved to Switzerland D as the lease deposit of KRW 20 million, the rent of KRW 1.5 million, the lease period of KRW 1.5 million, and the lease period from March 28, 2002 to March 28, 2007.

B. After that, the above lease agreement between the Plaintiff and Defendant B was renewed, and on May 19, 201, the Plaintiff entered into a renewed lease agreement with Defendant B, setting the lease deposit of KRW 30 million, monthly rent of KRW 1.7 million, and the lease term from May 10, 201 to May 9, 2014 (hereinafter “instant lease agreement”).

C. Article 3 (Succession to Rights and Obligations) (2) The lessee may request the lessor to consult with the lessor for a third party who wants to conclude the lease contract under the same conditions as above.

(3) If the lessor does not cooperate or refuses to cooperate with regard to the consultation referred to in the above paragraph without any justifiable reason, the lessee may sublease it under the same conditions without the consent of the lessor.

Article 5 (Preservation of and Measures for Rent and Management Expenses) (1) If a lessee fails to pay rent, management expenses, etc. to reach two months, the lessor shall first deduct the amount from the rental deposit, and may cancel this lease contract.

A special agreement: The renewal shall be made by May 9, 2014 with the maturity of the contract, except in extenuating circumstances.

Around March 2012, Defendant B demanded that the Plaintiff transfer the instant right of lease to E on the ground of the enemy due to the business depression. However, the Plaintiff refused to lease the instant lease.

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