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(영문) 서울고등법원 2015.04.10 2014나2025458
건물명도
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1. The judgment of the first instance court, including the Plaintiff’s claim for exchange change in the trial room, shall be modified as follows.

2.

Reasons

Facts of recognition

The Plaintiff purchased the instant building in the voluntary auction procedure on March 23, 2010 and completed the registration.

On August 25, 2012, while operating a hospital in the name of “G hospital” in the instant building, the Plaintiff entered into a lease agreement with the Defendants on August 25, 2012, with the following terms (hereinafter “instant lease agreement”) stipulating that the instant building was leased KRW 200 million, monthly rent of KRW 19 million, and that the Plaintiff leased the instant building to the Defendants for a period of 60 months (hereinafter “instant lease agreement”).

Article 1 (Deposit and Time for Payment)

1. Lease deposit amounting to KRW 200,000,000 as down payment of KRW 20,000,000 shall be paid at the time of a contract in the intermediate payment of KRW 90,00,000 to August 29, 2012;

Any balance of 90,000,000 won shall be paid in August 31, 2012.

2. A list of KRW 100 million (excluding value-added tax) shall be prepared, if necessary, through mutual consultation;

[Deposit Accounts: (Agricultural Cooperatives) D] Article 2 / [Monthly Rent] 19,00,000 monthly rent (excluding value-added tax) shall be paid after the 30th of each month.

Article 3 (Management Expenses, etc.) In addition to rents, the following shall be borne by lessees:

(1) Management expenses: The lessee shall manage the leased building in whole and the necessary maintenance expenses shall be borne by the lessee.

No lessor may claim all the expenses incurred in maintaining and repairing the building, and the expenses incurred in using the building shall be borne by the lessee.

(including road occupation and use fees). Liability for the maintenance and repair of a building shall be borne by the lessee.

(2) The lessee may not claim the necessary and beneficial expenses from the lessor, if the lessee fails to pay the rent (Article 2) for a period of more than 2 years.

Article 9 (Obligation upon Termination of the Contract) (1) If a lessor makes a request, the lessee shall at his/her own expense.

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