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(영문) 서울북부지방법원 2018.02.09 2017나32242
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall receive KRW 30,000,000 from the plaintiff at the same time.

Reasons

1. Facts of recognition;

A. On November 17, 201, in order to operate a restaurant, the Plaintiff leased 1,145 square meters (hereinafter “E”) monthly rent of KRW 2,200,000,000 from December 1, 201 to November 31, 2021 among the underground floors of real estate indicated in attached Table 1 as “E” (hereinafter “E”).

B. On October 24, 2014, the Plaintiff entered into a lease agreement with the Defendant that leases the part (A) and 25.9 square meters of the ship connected in sequence of each point to the Defendant (hereinafter “instant store”) to the Defendant, with the following content:

(hereinafter referred to as “instant lease agreement”) Article 2 (Period of Contract), (1) year (from October 24, 2014 to October 23, 2015), but only once (one year) may be adjusted by mutual agreement.

(2) The automatic extension shall not exceed five years.

(Recontracts after the lapse of five years). Article 3 (Rents and Security Deposit) (1) A rental deposit shall be KRW 50,000,000.

(2) Management and operation expenses: 15 percent (excluding surtax) of the sales (the expenses for the management and operation of washing rooms shall be paid in installments jointly with the salesroom occupants).

(4) The monthly management and operation expenses shall not include public charges (such as electricity, gas, communications, garbage disposal expenses, water supply and sewerage, etc.).

(5) Taxes and public charges (electrics, communications, gas, garbage disposal costs, water supply and sewerage systems, etc.) for each occupancy store shall be borne by the defendant.

Article 12 (Cancellation and Termination of Contracts) (1) If the defendant commits any of the following acts, the plaintiff may unilaterally terminate the contract, and the place of business shall be ordered to the plaintiff within seven days from the date of notification of cancellation:

At this time, the defendant cannot raise an objection to the plaintiff.

(1) If the Plaintiff suspends or closes his business without the Plaintiff’s approval, the Defendant (2).

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