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(영문) 서울북부지방법원 2018.07.13 2017가단115825
건물명도(인도)
Text

1. The defendant is paid KRW 13,446,140 from the plaintiffs, and at the same time real estate stated in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. On March 1, 2013, the Plaintiffs entered into a lease agreement with the Defendant, setting the deposit amount of KRW 50,000,000, and the lease period from March 1, 2013 to February 28, 2018 with the term of KRW 107.13 square meters (hereinafter “instant store”) among the real estate listed in the separate sheet owned by the Plaintiffs (hereinafter “instant building”). The key contents of the said lease agreement are as follows.

Article 3 [Period of Lease and Period of Designation of Rentals] A (referring to the plaintiff) and B (referring to the defendant) shall grant a separate interior construction period, in consultation with each other, in order to prepare for shop occupants by remodeling and repairing the leased object.

Article 7 (Modification of Internal Facilities and Structures) The interior interior interior of each building shall be constructed at the cost of Section B according to the interior design of Section B.

In addition to basic facilities specified in the usage inspection drawing, leased partitions, furnitures, signboards, air conditioners, free measuring instruments, water supply and drainage equipment, gas pipes, gas pipes, increase in electricity, gas, heating, cooling, and water supply capacity, and other incidental facilities, and supplementation of facilities necessary for authorization and permission, etc. necessary for business, other than basic facilities specified in the usage inspection drawing, shall be borne and liable by B.

Provided, That a claim for reimbursement may be made at the end of the lease in accordance with the relevant laws and regulations.

If B wishes to newly install or alter facilities, etc. or to perform other large-scale or small-scale construction works, it shall be conducted under mutual agreement.

Article 14 [Namedo and Restoration to Original State] When this contract is terminated, B shall take out the property owned by B and return the keys and property owned by B before the expiration of the contract.

Provided, That Party A shall not request Party B to restore to its original state.

In this regard, A cannot be held liable for civil or criminal liability to B.

B. The Plaintiffs and the Defendant changed the term of lease of the said lease from February 28, 2016 to February 28, 2017; and the rent and management fee to KRW 3,930,000 per month; however, the remainder of the terms of the said lease is the first terms of the contract.

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