(영문) 대전지방법원 2015.02.06 2014나145 | 리걸엔진

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(영문) 대전지방법원 2015.02.06 2014나145

건물명도

Text

1. According to the Plaintiff’s expansion and reduction of the purport of the claim, paragraphs 1 and 2 of the judgment of the court of first instance are modified as follows.

Reasons

1. Basic facts

A. On June 25, 2008, the Plaintiff and the Defendant exempted the Defendant from the obligation to pay the monthly rent when concluding a lease agreement with the terms of KRW 50,00,000 as to the instant building portion, KRW 3,000,00 as monthly rent (excluding value-added tax), and the period from July 1, 2008 to June 30, 2010 (hereinafter “instant lease agreement”).

B. The main contents related to the instant lease agreement are as follows.

[1] [1] Lease Deposit: 50,000,000 won (2) the lessee shall pay monthly rent to the lessor as follows:

Monthly rent: 3,00,000 won, value-added tax 300,000 won [Lease Period] (1) The lease period for the object of lease shall be two years and twenty-four months from July 1, 2008 to June 30, 2010.

(2) If there is no written notice about the termination of the lessee 30 days before the expiration of the lease, the term of the lease under this contract shall be deemed to have been automatically extended 12 months again.

Article 3 [Maintenance and Management Expenses] (1) The lessee shall bear the expenses, such as electricity charges, water supply charges, heating and cooling charges, cleaning charges, and guard charges necessary for the maintenance and management of the leased object.

(2) The maintenance expenses under the preceding paragraph shall be charged to the lessee by calculating the contractual area of the leased object in a reasonable manner, and the lessee shall pay it to the lessor by the due date.

§ 8.(5) A lessor or one of the lessees may terminate this contract by written notification to the other party at least 30 days before the expiration of the term of lease referred to in Section 2.1 or 30 days before the expiration of the term of lease, and it shall be deemed that the termination of this contract becomes final and conclusive 15 days after the other party has received such notification.

C. Under the instant lease agreement, the Defendant occupied and used the instant building portion until now.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1, and pleading.

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