(영문) 서울중앙지방법원 2014.01.10 2013가합44978

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(영문) 서울중앙지방법원 2014.01.10 2013가합44978

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) As from November 1, 2013, 79,200,000 and as above.

Reasons

1. Basic facts

A. On January 23, 2013, the Plaintiff leased (hereinafter “instant lease agreement”) a building listed in the attached list (hereinafter “instant building”) to the Defendant with a deposit of KRW 150 million per month, KRW 13.2 million per month, and the period from February 26, 2013 to February 25, 2018 (hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

Article 3 (Restriction on Use) The Defendant shall lease the leased object for public bath and its ancillary use, and shall not use all or part of the leased object for any other purpose without the written consent of the Plaintiff.

Article 6 (Monthly Rent) ① Monthly rent is KRW 13.2 million (including value-added tax), which shall be divided into one month from the first day of each month to the last day of each month, and shall be paid in cash to the bank account designated by the Plaintiff by the last day of each month.

(3) Monthly rents shall be calculated from the commencement date of the lease, and if the lease period commences or terminates in a month, the number of days shall be calculated.

Provided, That the starting point of the initial rent from the commencement date of lease shall be applied from March 16, 2013.

Article 10 (Construction Works in Place) (1) All construction works for public bath business other than basic interior works installed by a plaintiff within the leased object shall be borne by the defendant.

(2) The defendant shall select a construction company and submit a design drawing to obtain prior approval from the plaintiff, perform the construction work in accordance with the construction plan and details approved by the plaintiff, and shall undergo the inspection of the plaintiff after the completion of construction.

In such cases, where the defendant receives a corrective order from the plaintiff, he/she shall immediately comply with the corrective order.

Article 15 (Permission and License Use) Permission and license necessary for the use and profit-making of the leased object of the defendant shall be granted in the name of the defendant, and taxes and public charges shall be borne by the defendant.

Article 22 (Termination Right of Contract) (1) The defendant has committed any of the following acts:

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