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(영문) 서울서부지방법원 2016.10.21 2015나35489
건물인도 등
Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, the part on the Defendant (Counterclaim Plaintiff) against the Plaintiff 1,571.

Reasons

1. Facts of recognition;

A. On July 11, 2014, the Plaintiff agreed to lease (hereinafter “instant contract”) the real estate listed in the attached Form (hereinafter “instant real estate”) to the Defendant and C by setting the deposit of KRW 100 million, KRW 4 million per month, and the period from August 1, 2014 to December 31, 2014, respectively (hereinafter “instant contract”).

Article 6 (6) After the termination or termination of a lease agreement, the lessee shall instruct the lessor of the leased object, and the lessor shall maintain, until the new construction of a new building, the amount calculated by deducting all costs, public charges and debts to be borne by the lessee out of the lease deposit;

Article 9. The present building is scheduled to be removed and newly built, and the lessee sufficiently explained this fact from the lessor, and the lessee in any case shall return the leased object at the expiration of the lease term.

Provided, That the lessee shall not claim to the lessor the lien, beneficial cost, necessary cost, etc.

§ 10. If a lessee delivers a building under Article 9 above, the lessor will give the lessee preferential right of lease to one shop in the newly constructed building.

Provided, That the number of floors and locations of specific leased stores shall be appropriately consulted in consideration of the location, area and difference of the current leased object. If the lessor fails to reach an agreement, it shall be designated.

§ 11. Article 10 above shall not apply to cases where a lessee takes over a building by negligence, such as overdue charge, or a lessee does not hand over a building at the expiration of the lease term.

B. The Defendant and C operated the instant real estate from February 10, 2015.

C. On June 11, 2015, the Plaintiff deposited the deposited amount of KRW 97,901,630 as Defendant and C, deducting the unpaid electricity charges of KRW 2,096,370 from KRW 100,000,000,000 from the Seoul Western District Court (Seoul Western District Court Decision 2585, the lease deposit amount of KRW 100,000,000.

On the other hand, the defendant, on July 18, 2015, after the closure of pleadings in the first instance court, shall be the plaintiff.

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