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(영문) 서울중앙지방법원 2017.04.25 2016가합549962
부동산 인도 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

1. If the plaintiff delivers the real estate to the defendant under the current condition of the facility, the defendant will repair and use it during the lease period.

2. The Plaintiff cooperates with the Defendant in substantial repair or rebuilding of the building.

3. The monthly rent shall be the subsequent payment; and

The management expenses shall be deemed to have no separate management expenses during the lease period, and the public charges (electric charges, gas charges, water charges, cleaning expenses for septic tanks, environmental improvement charges, etc.) that incur actual expenses shall be borne by the defendant.

4. Where a lease contract is terminated, the defendant shall restore the above real estate to its original state and return it to the plaintiff.

Provided, That both the plaintiff and the defendant may return to the plaintiff without restoring to their original state upon agreement, and in such cases, the defendant does not claim against the plaintiff for beneficial expenses, necessary expenses, etc.

5. The Plaintiff may terminate the instant lease contract without delay, where the Defendant fails to pay the rent for more than two months.

6. When two years have elapsed from the date of the contract, the defendant shall increase 10% of the rent (monthly rent) and pay it to the plaintiff.

7. If it is impossible to obtain a business license for the above real estate, or to repair or rebuild a building on a large scale, the instant lease agreement becomes null and void, and the Plaintiff shall immediately refund the deposit.

(hereinafter omitted)

A. On April 30, 2010, the Plaintiff entered into a contract (hereinafter “instant lease agreement”) with C, the Defendant’s agent (hereinafter “the Defendant’s pilot”), and each of the real estate listed in the separate sheet (hereinafter “instant real estate”), with the Plaintiff’s deposit KRW 65,00,000, monthly rent KRW 3,100,000, and the lease period from June 7, 2010 to June 6, 2015 (hereinafter “the instant lease agreement”), and entered into a contract with the Defendant to lease the pertinent real estate as set forth in the separate sheet (hereinafter “instant real estate”). At that time, the Plaintiff transferred the instant real estate to the Defendant.

B. The instant lease agreement was terminated on June 6, 2015 at the expiration of the period.

C. The Plaintiff on June 8, 2015.

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