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(영문) 서울고등법원 2017.01.25 2016나2026592
건물명도
Text

1. The amount of money ordered to be paid below among the damages claims arising from the illegal possession of the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On December 20, 2013, the Plaintiff and the Defendant Seast Co., Ltd. (hereinafter “Defendant Seast”) concluded a lease agreement (hereinafter “the lease agreement of this case”) with respect to the building listed in the attached Table 1 (hereinafter “instant building”) owned by the Korea Assets Trust Co., Ltd. as of December 20, 2013, with respect to the first basement B101 through B112 below the ground level, 108 and 115 above ground level, and 201 and 215 above ground level 201 through 215 above ground level (hereinafter “the leased object of this case”) with the lessor as the Plaintiff and the lessee as the Defendant Seast (hereinafter “the lease agreement of this case”).

However, the commencement of lease was determined as the date of the completion of sale under the real estate sales contract between the Plaintiff and the Korea Assets Trust Company.

1) Article 3: Article 4: Article 323, 176, 964 of monthly rent (excluding value-added tax) and Article 6: Article 7 of the monthly rent (excluding value-added tax); Article 27,762,800 of monthly rent (excluding value-added tax, 6,050 won per square meter): The lessee shall bear the lease deposit, rent, management expenses, etc., as prescribed by this Agreement, regardless of whether or not the lease begins after the date of commencement of the lease under this Agreement.

5) Article 8: Lessee must obtain the lessee’s responsibilities and expenses with respect to leased objects and operate his/her business (Paragraph 1). The lessee shall use the leased object only for the purposes of the type of business specified in this Agreement, and shall not use the leased object in any other type of business unless the lessor has given prior written consent (Paragraph 2). Meanwhile, in the indication column of the leased object of the instant lease agreement, the type of business on the first floor is indicated as “galls and eating drinks” and the type of business on the first floor and second floor as “food and sales facilities” respectively.

6) Article 14: Where a lessee has failed to pay a rent, etc. for at least two months, the lessor shall immediately terminate this Agreement with a written notice given to the lessee.

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