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(영문) 서울중앙지방법원 2016.08.18 2015가합542223
건물인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 15, 2011, the Defendant leased each real estate indicated in the separate sheet (hereinafter “each of the instant stores”) from a city and a person corporation to operate the clothing store. The detailed conditions are effective from the date of conclusion of the contract under Article 4, and the term of lease is seven years from the date of commencement of the business.

A (referring to city and person corporation; hereinafter the same shall apply) and B (referring to the defendant; hereinafter the same shall apply) shall consult about the extension of the term of lease under this contract and the terms and conditions of new lease by not later than six months before the expiration of the term of lease under paragraph (1).

Article 5 (Lease Deposit and Monthly Rent): Three years from the date of commencement of the business: 7% of the net sales except value-added tax, from the monthly sales to the date of commencement of the business (the date of commencement of the fourth business) three years after the commencement of the business: 8% of the net sales except value-added tax shall be paid to A from the monthly sales.

Article 8 (Construction, etc. of Objects) All the affairs related to existing governance, removal of facilities, and exclusive stairs installation works of Eul within the object shall bear the contents and expenses of Gap, and the interior works shall be borne by Eul when Gap starts with the completion of all the affairs to be borne by Gap.

Facilities to which Article 27 (Restoration and Lighting) is annexed, partitions, and other structural modifications shall be removed or removed at the expense of Section B and the leased object shall be restored in the condition of the first occupant.

(except internal stairs within the section of Section B).

B. CCC Construction Co., Ltd. (hereinafter “KC Construction”) acquired the ownership of each of the instant stores through sale and purchase on July 23, 2013. Around that time, the Defendant entered into a new lease agreement on each of the instant stores with KC Construction and continued to operate the clothing store, and the detailed conditions set forth in Article 4 (Term of Lease).

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