(영문) 서울북부지방법원 2020.04.08 2019나38558

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(영문) 서울북부지방법원 2020.04.08 2019나38558

건물명도(인도)

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed in entirety.

Reasons

The plaintiff filed the instant lawsuit against the defendant, C, and D, and the first instance court partly accepted the plaintiff's claim against the defendant, C, and D.

Accordingly, the defendant only appealed against the judgment of the court of first instance, and since the part of the judgment of first instance as to C and D is separated, the scope of the judgment of this court is limited to the part of the plaintiff's claim against the defendant.

Basic Facts

On Oct. 1, 2005, the Plaintiff entered into a lease agreement with the Defendant on Oct. 1, 2005 with the terms that the Defendant shall lease the Plaintiff’s subparagraph H, I from Oct. 1, 2005 to Sept. 30, 2007, with the term of lease 50,000,000, monthly rent of KRW 5,500 (payment as of the last day of each month), among the buildings listed in the attached Table 2 (hereinafter “instant building”). The Defendant operated the instant building with the trade name “K” (hereinafter “instant letter”).

Article 12 (Compensation for Damages) (1) Where a lessee, his/her employee, or his/her customer or related person has damaged, destroyed, or inflicted physical or property damage on a third party, such as a lessor or other lessee, by intention or negligence, the lessee shall immediately notify the lessor of the damage without delay and shall be liable to compensate the lessor and the third party for any damage inflicted on the lessor and the third party.

Article 15 (Nameing and Reinstatement) (1) When this contract is terminated or terminated, the lessee shall take out the property and property of the lessee within the expiration date, and the lessor shall also order the lessor to take out all the leased property.

(2) A lessee shall remove, at the expense of a lessee, the attached facilities, partitions, structures, or other altered facilities simultaneously with the termination or termination of this contract, and restore them to their original state at the time of conclusion of this contract.

However, the lessor shall request of the lessee.

유사 판례

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