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(영문) 대구지방법원 2013.04.19 2012가합5135
건물명도등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the 12th floor, 12th floor, 13th floor, and 13th floor, among the buildings indicated in the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 1, 2011, the Plaintiff entered into a lease contract with the Defendant and the instant building with a deposit of KRW 400,000,000 (one hundred million on the date of the contract, KRW 60,000,000 on April 30, 201, KRW 100,000,000 until August 30, 201, and KRW 100,000 until November 15, 201, respectively, to pay KRW 30,000,000 for monthly rent (an additional tax, KRW 140,000 from May 1, 201, the last day of each month), and the lease period from February 17, 201 to February 16, 2016 (hereinafter “the instant lease contract”) and delivered the instant building to the Defendant around the time when the lease contract was concluded.

B. On the other hand, the above lease contract includes the following contents.

(A) Article 4 (Maintenance and Management Expenses).

1. In addition to the rent as prescribed in the preceding Article, Eul shall bear the expenses for the management of electricity, water supply, cooling and heating, and other common charges, etc. calculated by Gap;

2. The user fees, such as cleaning expenses and parking lot user fees, management expenses, and other fees shall also be borne by the Council;

3. The maintenance expenses under the above 1 and 2 shall be paid not later than the 25th of the following month.

Article 6 (Calculation of Rent) When a lease contract is terminated by less than a monthly period, a monthly rent shall be calculated according to the date of lease based on the basis of one month.

Article 7 (Lease Deposit)

2. If the contract period expires or if the contract period is terminated or if the obligation of Party A to compensate for any overdue rent, expenses for the management in arrears, and expenses for the management in arrears arises, Party B shall be paid after deducting the amount to be borne by Party B

If there is any act falling under any of the following subparagraphs of Article 19 (Cancellation of Contracts), A may cancel the contract and request an explanation of the object for a considerable period after setting a notice for performance:

1) If the payment of the rent under Article 5 has been delayed for more than two months, 2) the payment of the maintenance fee under Article 4 has been delayed for more than two months, the lease deposit under Article 57 has not been paid.

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