(영문) 서울중앙지방법원 2018.03.26 2017나7872

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(영문) 서울중앙지방법원 2018.03.26 2017나7872

건물명도 등

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1. Revocation of the first instance judgment.

2. The defendant shall be the plaintiff.

(a) An indication of Attached Form 2 among the real estate listed in the Attached List 1;

Reasons

1. Basic facts

A. The Plaintiff is a non-corporate body that has been delegated with the right to lease the instant real estate from the above co-owners, among the co-owners of the building Aradong 2, 3, and the building A, who submitted a letter of consent to the development of commercial buildings.

B. On May 3, 2013, the Plaintiff entered into a lease agreement with Nonparty C, who was preparing for the Defendant’s establishment, to lease the sum of the portion indicated in the attached Form 2(a), (b), (c), and (c) of the real estate indicated in the attached Table 1, 836.58 square meters and the portion indicated in the attached Form 3(a), (b), and (c) of the total of 836.58 square meters (hereinafter “instant real estate”) among the real estate indicated in the attached Table 1, and the main contents thereof are as follows.

Article 2 【Rental Deposit】

(a)The lease deposit shall be at a rate of KRW 551,00,000 (551,000,000) per annum, and the lessee shall be payable to the lessor as follows:

Article 3 [Monthly Rent]

A. The lessee shall pay 5,100,000 (55,100,000) monthly to the lessor, counting from the following:

Article 4 [Arrears of Monthly Rent]

(a)if the lessee has not paid monthly rent accumulated for not less than two months, the lessee may terminate this contract without prior notification of the lessor and require the guidance of the store;

Article 6 [Term of Lease]

(a) The term of a lease agreement shall be from May 1, 2013 to April 30, 2018 (five years) and shall be renewed from the lapse of two years to the end of two years;

§ 12. [Termination of Contract] This contract shall terminate when the term of the lease expires or when this contract is terminated or terminated under each provision of this contract.

Article 13 (Lighting and Restoration to Original State)

A. In the event of the termination of this contract, the lessee must immediately restore the leased object to the lessor and order the lessor to restore it.

B. If the lessee violates the obligations of the foregoing paragraph (a), the lessee should pay to the lessor an amount equivalent to 25% of the monthly rent in addition to the monthly rent due to the penalty for breach of contract.

C. The Defendant on May 9, 2013 following the conclusion of the above lease agreement.

유사 판례

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