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(영문) 대구지방법원 2018.08.23 2018가단2308
건물인도
Text

1. The plaintiff's claim of this case is all dismissed.

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

Reasons

1. Facts of recognition;

A. On August 31, 2017, the Plaintiff: (a) connects each point of (i) part of (i) 65.31 square meters in a ship (hereinafter “part of five-story building”) among the five floors of the building listed in the attached Table owned by the Plaintiff on the attached Table 1, 2, 3, 11, 4, 5, 6, 7, 8, and 1; (b) connects each point of (i) 1, 9, 10, 11, 11, 3, 2, and 1 of the rooftop part drawings; (c) connects each point of (i) 1, 9, 10, 11, 3, 2, and 1, both the Defendant and the lessee’s deposit and monthly rent; and (d) the term of lease determined after two years after consultation, from September 1, 2017 to August 31, 2019.

B. The main contents of the instant lease agreement are as follows. A lessee may not change the purpose or structure of the said real estate, transfer the sub-lease right or offer a security, nor use it for any purpose other than the purpose of lease without the lessor’s consent. Article 4 (Cancellation of Contracts)

1.This contract shall be automatically terminated, if it has violated Article 3;

2.Management costs of the building shall be automatically terminated unless paid twice by the date on which the building administrator is designated and by the designated passbook.

3. A tenant shall not be subject to any objection and criminal liability against the landlord in the course of closing his/her establishment in accordance with Article IV:1 and 2.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the said real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, it shall be removed and refunded in full.

Article 6 (Cancellation of Contract) When a lessor wishes to terminate a contract, the lessor shall terminate the contract automatically after two months have elapsed from the written notification to the address in the contract to the lessee.

Article 7 (Non-performance of Obligations and Compensation for Damages) A lessor or lessee shall have the contents of this Agreement.

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