(영문) 대전지방법원 2020.04.01 2018가합108722

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Reasons

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(영문) 대전지방법원 2020.04.01 2018가합108722

건물명도(인도)

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1. The Defendant’s KRW 66,514,598 as well as 5% per annum from September 17, 2019 to April 1, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On April 30, 2016, the Plaintiff leased the lease deposit of KRW 100,00,547,360 (including value-added tax), the monthly rent of KRW 11,547,360 (including value-added tax), the rent of KRW 100,54,360), from May 1, 2018 to April 30, 2019 (hereinafter referred to as “instant lease”) to the Defendant by designating the lease of KRW 62.81 square meters on the 5th floor of the 5th floor D building located in Daejeon Seo-gu, Daejeon as well as KRW 390.25 square meters on the 5th floor, five stories, and KRW 314.215 square meters on the 5th floor (hereinafter referred to as “instant building”). The terms related to the instant lease agreement are as follows.

Article 23 (Right to Termination of Contract of Lessee) (4) In cases where a lease is terminated due to any cause attributable to a lessee (including termination thereof), the lessee shall pay to the lessor an amount equivalent to the rent of ten months equivalent to the penalty for termination of the contract, and the penalty for cancellation of the contract shall be settled from the deposit.

Article 25 (Restoration and Restoration to Original State) (1) When this contract is terminated, the lessee shall take out all the property and property of the lessee before the expiration of the contract, return keyss, other property and entrusted property owned by the lessor to the lessor, and specify all the leased property.

(2) A lessee shall remove the facilities attached to the lessee and the former lessee, partitions, signboards, and other structural alteration facilities at the expense of the lessee by the end of the contract, and restore them to the original state as at the time of completion.

Provided, That the lessor may perform the work on his/her behalf at the request of the lessee.

(3) Where it is impossible to take out the property and property of a lessee due to the circumstances of the lessee or it is impossible to order the lessee to restore the leased property to its original state, an amount equivalent to twice the ordinary rent and the cost of management and maintenance shall be paid to the lessor as damages, from the date this contract is terminated until the date when it is actually stipulated or restored

B. The defendant around that time has the lease deposit to the plaintiff.

유사 판례

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