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(영문) 대구고등법원 2017.12.22 2016나26304
건물명도
Text

1. The part of the judgment of the first instance, including the Plaintiff’s claim on the principal lawsuit expanded in the trial, is as follows.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of leisure business, such as bowling, swimming pool, and healthcare, and the Defendants are married couple.

B. From June 2006 to November 2008, the Plaintiff leased to Nonparty F a total of 2,906m2 of the sports facilities of 1,2906m2 under the Daegu Suwon-gu D (hereinafter “instant bowling site”) owned by the Plaintiff to Nonparty F, and the said lease was terminated between F and F on November 2008.

Article 2 (Period) The term of lease contract under this Agreement shall be 24 months from December 1, 2008 to November 30, 2010.

III.(Deposits and monthly rent)

1. Deposit shall be KRW 100,000,000 for lease deposit, and the full amount of KRW 100,000,000 for lease deposit shall be paid at the time of conclusion of a contract;

2. Monthly rents shall be KRW 1,00,000 (excluding value-added tax) and advance payments shall be made by no later than the fifth day of the relevant month;

Article 4 (Bearing of Expenses) (hereinafter referred to as "management expenses")

1. The lessee shall pay monthly fixed amount of KRW 9,00,00 (excluding value-added tax) including, for his own business, monthly electric charges, water supply charges, cleaning charges, heating and cooling expenses, sanitary expenses, and other expenses (hereinafter “charges”) and taxes and public charges, and shall pay in advance by no later than the fifth day of the relevant month;

Provided, That where the contract period commences or terminates in the month, it shall be calculated on a daily basis and settled.

2. The lessee shall pay the full amount of all the charges, if the lessee's equipment is located in the leased place even after the expiration of the contract period;

Article 5 (Facilities)

1. A lessor shall perform the construction of the basic facilities of a store which he/she intends to lease to the lessee at his/her own expense;

2. The lessee shall install inside and outside facilities and fixtures necessary for the business of the lessee at his own expense, and in this case he shall obtain a prior approval from the lessor.

In addition, even if the lessor has prior approved facilities, the "employee" of the lessee or lessee shall be the employee and the employee engaged in the business.

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