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Reasons
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(영문) 부산지방법원동부지원 2016.12.09 2016가합577
건물명도
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1. The Defendant from August 1, 2015 to the completion date of delivery of the building indicated in the separate sheet from KRW 1,100,000 to KRW 1,00.

Reasons

1. Facts of recognition;

A. On July 31, 2013, between B and B, the Defendant entered into a contract to acquire the entire business of “Cental Hospital” and “Csung Department Members,” which was operated by the building listed in the separate sheet (hereinafter “the instant building”) in B, with KRW 1,440,00,000.

B. The above A.

On October 1, 2013, the Defendant acquired a hospital operated by B as described in paragraph B, and entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff on the following terms: (a) lease deposit is KRW 1,100,000,000 with respect to the instant building; and (b) lease period is from November 23, 2012 to November 22, 2016, under which the Plaintiff entered into a contract with B as the former lessee; and (c) monthly rent is KRW 3,300,000 (including value-added tax).

In addition, the defendant decided to substitute the lease deposit paid by the plaintiff to the plaintiff on the same day, B with the payment of the lease deposit under the lease contract of this case.

Article 2 (Terms and Conditions of Lease)

1. The term of the lease contract shall be from November 23, 201 to November 22, 2016 (five years);

(hereinafter omitted)

4. If the lessee fails to pay the monthly rent for three months, the lessor may cancel the contract, and the lessee shall remove the facilities;

Article 3 [Rent and Uniform Management Expenses / Penalty]

1. The rent shall be KRW 3,000,000,000 for monthly rent of KRW 1,100,000 for nex nex nex nex nex nex nex nex nex nex nex nex nex 3,000,000) and KRW 300,000,000,000 for nex nex nex nex nex nex nex nex nex nex nex

4. Taxes, public charges and management expenses after the contract date shall be borne by the lessee.

Article 4 (Bearing of Value-Added Tax) Additional Tax on Monthly Rent shall be borne by lessees.

Article 6 [Termination of the Contract] Upon termination of the lease contract, the lessee shall restore the contractual items to their original state and return them to the lessor.

In such cases, the lessee shall terminate the establishment of the collateral security and the lessor shall make the deposit to the lessee.

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