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(영문) 서울고등법원 2017.09.15 2017나2013371
건물명도
Text

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. The total amount of deposit (60 months after the date of use) from September 1, 2015 to August 31, 2020 (from September 1, 2015 to August 31, 2020: gold billion won: The remainder of deposit: gold billion won: the payment day of this contract in KRW 1,200,000,000 on May 30, 2015 (VAT separate); the first payment day of rent in KRW 25,00,000 (VAT separate): the payment day of rent in May 30, 2015, on the face of September 30, 2015, the first payment day of rent in KRW 25,00,000 (VAT): the payment day in violation of the lease contract in this case between the landlords (hereinafter referred to as “A”) and the defendant (hereinafter referred to as “Defendant”) shall not be made at each time in violation of the lease contract in this case; and the contract in this case shall not be made at each of this case between the parties.

Article 20 (Termination of Contract) (1) In any of the following cases, where Eul falls under any of the following subparagraphs, Gap may demand Eul to implement the contract within a reasonable period of time (within ten days) or may terminate this contract if Eul requests Eul to correct his/her breach of duty within such reasonable period of time, and if Eul fails to comply with such demand within such period of time, and in such cases, Eul shall not raise any objection:

1. If the rent for this month is in arrears for at least two months, Article 25 (Termination of Contract) (2) A shall require B to set up a right to collateral security (1.2 billion won) for a security deposit for which the payment of rent for this month has been completed;

1. Upon Gap's request for termination/re-establishment of the right to collateral security to Eul due to a change in the first-class mortgagee (bank, financial right, or any other right) of this subject-matter within the lease term of this article, Eul shall immediately implement the termination of the right to collateral security and the second-class mortgagee's re-establishment of the right to collateral security.

2. The full amount of expenses under subparagraph 1 of the above paragraph shall be paid to A.

(3) B knew that the subject matter of this contract is set up with the first priority mortgage in a financial right.

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