(영문) 춘천지방법원강릉지원 2020.03.17 2019나31815

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(영문) 춘천지방법원강릉지원 2020.03.17 2019나31815

청구이의

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 10, 2012, the Defendant entered into a contract with the Plaintiff and C to lease the buildings listed in the separate sheet (hereinafter “instant building”) with the Plaintiff for KRW 10 million deposit without setting the lease term (hereinafter “instant lease contract”).

Article 5 of the lease contract of this case provides that "The lessee may remodel or alter the lease contract with the approval of the lessor, but the lessee shall restore the lease contract to its original state at the expense of the lessee before the date of conversion of real estate."

B. Even after the expiration of the above lease term, the Defendant filed a lawsuit against the Plaintiff and C seeking the name of the building as the court No. 2015da23624 on August 2015, 2015 against the Plaintiff and C, and the said lawsuit was transferred to the conciliation procedure (No. 2015du3475). On November 23, 2015, the following adjustment was concluded between the said parties (hereinafter “instant adjustment”). The main adjustment provisions are as follows.

Conciliation Provisions

1. The Plaintiff (referring to the Plaintiff in the instant case) and the Defendant A (referring to the Plaintiff in the instant case) lease for three years from May 11, 2015 to May 10, 2018, with the rent of KRW 15 million per annum as to the building indicated in the instant attachment.

[2] Paragraph 2]

3. Although the Defendant A’s protocol stated “Defendant F”, it was corrected by this court on November 26, 2015 due to the clerical error of “Defendant A”.

A. From May 11, 2016 to May 10, 2017, the rent of KRW 15 million, out of the rent for the lease specified in paragraph 1, to the Plaintiff shall be paid to the Plaintiff KRW 15 million from May 10, 2016, and the rent of KRW 15 million from May 11, 2017 to May 10, 2018, respectively. If Defendant A pays the said rent for at least two (2) months even after one (1) year, the lease specified in paragraph 1 shall be immediately terminated without a separate notice of termination, and the Defendant A promptly issues an order to the Plaintiff as specified in attached Form.

4.On the expiration of the lease period described in paragraph 1, the extension of the contract between the Parties.

유사 판례

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