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(영문) 의정부지방법원 고양지원 2018.06.20 2017가단76711
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. Of the litigation costs, 70% is borne by the Plaintiff, and 30% is borne by the Defendant, respectively.

Reasons

1. On September 30, 2013, the Plaintiff leased Nos. 707 and 708 (hereinafter “instant commercial building”) of the building C in Yongsan-gu, Yongsan-gu, Yongsan-gu (hereinafter “instant commercial building”) to the Defendant with the following content:

(hereinafter “instant lease agreement”). Article 2 (Period) Term of lease shall be two years from September 30, 2013 to two years.

Article 3 (Rental Deposit) 25,000,000 won shall be paid as rental deposit.

Article 4 (Rents) Monthly Rent is KRW 1,500,000, and the defendant shall pay the month by the last day of each month to the financial account in the name of the plaintiff.

(1) If the defendant fails to pay the monthly rent by the last day of each month, 10% of the overdue charge shall be added thereto.

④ The Defendant shall pay the Plaintiff the value-added tax by adding 10% to monthly rent, and the value-added tax shall be treated in accordance with tax-related Acts

(Leases) Article 5 (Management Expenses) The Defendant shall pay rent and management expenses, such as water supply, electricity, gas, telephone, cleaning, and other miscellaneous expenses, in addition to monthly rent, to the Plaintiff at the same time with the payment of the rent, as prescribed separately.

Article 6 (Liability of Defendant) The heavy taxation, environmental charges, other charges, and fine for negligence on the plaintiff arising from the defendant's business activity shall be borne by the defendant.

Article 12 (Right to Termination of Contract) When the defendant has failed to pay the prescribed rent and expenses for not less than two months from the due date for payment, the plaintiff may terminate the contract without the peremptory notice.

Article 14 (Nameing) (1) When this contract is terminated, the defendant shall promptly restore the leased article to its original state and then order the plaintiff to do so.

② At the request of the defendant, the plaintiff may act on behalf of the defendant for the restoration to the original state of a facility that alters the structure attached to the defendant.

3. When the defendant fails to perform the surrendering business of the above paragraph, the sum of the rent, the management expenses, and the charges from the date of occurrence of the business to the date of complete surrendering.

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