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(영문) 서울중앙지방법원 2017.07.07 2016가합536447
건물명도
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 62,830,420 to the Defendant (Counterclaim Plaintiff) and its amount from October 24, 2016 to July 7, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the parties is the owner of Jongno-gu Seoul, Jongno-gu, 309 square meters and two-story housing (attached Form 1, land and buildings; hereinafter “instant land and buildings”) which is linked to the ground brick sloping, and the Defendant is the lessee who leased the instant land and buildings from the Plaintiff.

B. On April 16, 2014, the Plaintiff: (a) leased the instant land and buildings to the Defendant with a deposit of KRW 150,00,000; (b) KRW 4,400,000 (payment on April 20); and (c) from April 16, 2014 to May 20, 2017, the lease term of the instant land and buildings was fixed (hereinafter “instant lease agreement”); and (d) on the same day, the Plaintiff handed over the instant land and buildings to the Defendant.

around that time, the Defendant paid the Plaintiff KRW 150,000,000 as the deposit for lease of this case.

The main contents of the instant lease agreement are as follows.

The term of the lease contract under Article 6 of the Building Lease Contract shall be from April 16, 2014 to May 20, 2017.

Provided, however, at the time of termination of the above contract, the defendant shall pay the rent and maintenance expenses from the time of termination to the time of pre-determination. The defendant shall not use the leased object by changing the purpose of use, regardless of its reason, and shall not transfer or resell the rights and obligations to a third party and use them as security, etc. In the event of facilities other than the basic facilities under Article 10 (1) other than the basic facilities, the defendant shall obtain the prior consent of the plaintiff, and the plaintiff may remove or dispose of the facilities without the prior consent, and the expenses shall be borne by the defendant. (2) At the time of termination of the contract concerning beneficial expenses, the defendant shall not claim for compensation against the plaintiff. The defendant shall not claim for the termination of the contract under Article 11 and the termination of the contract (including termination of the contract and the contents of the facilities

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