(영문) 인천지방법원 2018.02.20 2016가단246380

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(영문) 인천지방법원 2018.02.20 2016가단246380

건물명도

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1. The Defendant (Counterclaim Plaintiff) receives KRW 92,240,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts (the principal lawsuit and counterclaim shall be deemed to be filed together);

A. On April 27, 2009, the Defendant entered into a lease agreement with C on May 15, 2009 to May 14, 201, which is KRW 50,000,000, monthly rent of KRW 2,000 (excluding value-added tax), with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), and operated a restaurant as “D,” upon delivery of the instant real estate. (The Defendant agreed to extend the lease period until May 31, 2015).

B. On April 25, 2014, the Plaintiff acquired the ownership of the instant real estate and entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the following terms and conditions, and agreed to apply for settlement prior to filing a lawsuit regarding the terms and conditions of the said lease agreement.

Article 1 The defendant shall pay the lease deposit and monthly rent for the instant real estate as follows:

The lease deposit shall be KRW 3,500,000 monthly rent of KRW 50,000 (excluding value-added tax, and payment on June 1, 2015 to May 31, 2016) Article 2 of the lease deposit period.

Article 3 This Agreement is continuously leased by the Defendant from May 15, 2009 to May 31, 2015, and upon the Defendant’s request, the contract is extended from June 1, 2015 to May 31, 2016, and an application for reconciliation prior to filing a lawsuit pursuant to the separate provisions for the prevention of disputes arising therefrom.

Article 4 The defendant shall not change the purpose or structure, etc. of the real estate of this case without the consent of the plaintiff, or use it for any purpose other than the purpose of lease without sub-lease, transfer of lease right

Article 6 The defendant may install inside and outside equipment and decorations unless it conflicts with the building-related Acts and subordinate statutes, and shall bear all civil and criminal responsibilities if he/she violates the relevant Acts and subordinate statutes.

In addition, the plaintiff is also liable for self-responsibility.

유사 판례

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