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(영문) 서울중앙지방법원 2019.02.14 2017가단5176031
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Attached Form 2 among the second underground floors of the building indicated in the attached real estate.

Reasons

1. Facts of recognition;

A. From the end of 1999, the Defendant extended the contract by leasing and using part of the buildings indicated on the attached real estate (hereinafter “instant building”) from the Plaintiff.

On December 30, 2016, the Plaintiff and the Defendant issued an order as part of the instant building No. 1-A.

A lease agreement was concluded with the following terms (hereinafter referred to as “instant lease agreement”) that covers the part of the building indicated in the port (hereinafter referred to as “instant leased part”) as the leased object:

The term of the lease contract under Article 3 (Term of Contract) shall be from January 1, 2017 to December 31, 2017.

Article 4 (Deposit for Security Deposit, Rent, Management Fee, Electricity Fee, and Other Expenses): 12,00,000 won per month: Article 5 (Adjustment of Rental Deposit, Rent, and Management Fee Separate from Value-Added Tax): 366,00 won per month (Adjustment of Rental Deposit, Rent and Management Fee): Article 5 (Adjustment of Rental Deposit, Rent and Management Fee Separate from Value-Added Tax) (1) The lease deposit, rent, management fee shall be adjusted annually by reflecting the consumer price index publicly notified by the Statistics Korea, the consumer price index publicly notified by the Statistics Korea, the market price of real estate lease on the face of the State, and the consumer price index shall be the rate of change in the last

Provided, That in cases of a rental deposit, the rent may be adjusted by reflecting it in addition to the rent based on the conversion of the following:

[Conversion Fee = (Rental Deposit 】 Conversion Interest Rate / 12) Rent] (3) Conversion Interest Rate shall be 11.25% per annum, and where adjustment is inevitable due to changes, etc. in the relevant Acts and subordinate statutes in the future, the converted Interest Rate shall be the adjustment key through mutual consultation

(3) Where the grounds for termination of a contract under subparagraphs 3 through 11 of Article 23 arise and the termination of the contract is earlier cancelled, the lessee shall pay the lessor a rent converted by two-month from the date on which the contract is terminated due to the penalty for breach of contract.

In addition, it is necessary to compensate the lessor for damages incurred separately.

Article 23 (Right of Termination or Rescission of Lessee) Any of the following shall apply to the lessee:

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