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(영문) 서울북부지방법원 2020.08.20 2019나37609
건물명도(인도)
Text

1. Of the judgment of the first instance, KRW 37,166,586 against the Plaintiff regarding the monetary claim against Defendant A and KRW 7,906,393 among them.

Reasons

1. Basic facts

A. On December 2, 2011, the Plaintiff entered into a lease agreement with Defendant A and entered into a lease agreement with the term of KRW 15,790,00, monthly rent of KRW 876,700, and the term of lease from December 5, 2011 to December 4, 2014 (hereinafter “instant lease agreement”). The main contents relating to the instant lease agreement are as follows.

(A) Plaintiff: Defendant A). Article 13 (Prohibition of Assignment and Sub-lease of Right of Lease)

1. The term "B" shall not sublet the object of lease or transfer the right of lease without prior approval in writing, and shall not allow another person to do business by delegating it to another person;

2. Where any cause referred to in paragraph (1) occurs without prior written approval of A, "A" shall unilaterally terminate the contract, and 10% of the rental deposit of "B" shall revert to "A";

Article 19 (Conditions for Termination)

1.A “B” may terminate this Agreement after the Peremptory Notice of Implementation in any of the following cases:

(5) In the event that “B” fails to commence the business within 30 days after the conclusion of the contract without the permission of “B” or ceases the business for 30 days or more continuously without any justifiable reason, if the lease contract is terminated due to the expiration of the contract term of Article 25 (Name of Shop), termination of the contract, or any other reason, “B” shall, without delay, order “B” to “B” the leased object in accordance with:

3. Where "B" does not specify the subject matter of lease after the termination of this lease contract, he/she shall compensate "A" for losses and other losses equivalent to twice the existing rent from the peremptory notice to the surrenderation.

After that, with respect to the instant lease agreement between the Plaintiff and the Defendant A on November 28, 2014, the lease deposit of KRW 16,240,00 (the increase in KRW 450,00), monthly rent of KRW 901,870 (the increase in KRW 25,170) and the lease period from December 5, 201 to December 4, 2016.

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