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(영문) 서울중앙지방법원 2019.06.20 2018가단5199239
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 27, 2015, the Plaintiff entered into a lease agreement with the Defendants on the first floor of the rooftop (building 8), 40.58 square meters (hereinafter “instant rooftop building”) among the buildings listed in the attached list owned by the Defendants, with respect to the lease deposit of KRW 30 million, monthly rent of KRW 2,300,000 (excluding value-added tax), monthly management expenses (excluding value-added tax), and the lease term of KRW 500,000 (excluding value-added tax), from December 22, 2015 to December 21, 2017 (hereinafter “instant lease agreement”). The main contents relating to the instant lease agreement are as follows.

Article 1 Indication of Lease - Indication of the Mapo-gu Seoul Metropolitan Government F Building - Indication of the subject matter: Restriction on the use of Article 2, approximately 40.58 square meters (including co-owned areas) at the 8th floor of the ground (the first floor of the rooftop)

1. The lessee shall lease the leased object for the purpose of his office, and shall not use it for another purpose without the lessor's prior written consent;

Article 12. Operation of Leaseed Articles and Construction of Equipment

1. The lessee may, with the prior written consent of the lessor, perform the following acts at the lessee’s expense:

(c)(i) omitted the interior decoration, operation, partitions, or attachment or change of propaganda materials of the leased object (2).

2. The lessee shall waive all useful expenses borne by the lessee pursuant to paragraph (1), all the claims for reimbursement and the right to purchase attached property, and shall restore the property to its original state at his own expense when the contract is due and at the time of termination.

Article 26 (Right to Termination of Lease's Contract)

1. Where a lessee has committed any of the following acts, the lessor may immediately terminate the principal contract without a peremptory notice, and the lessee shall not raise an objection thereto:

1) A special agreement under Article 34 which omits the payment of monthly rent, management and maintenance expenses, and other expenses under this contract not less than twice consecutively and not more than twice consecutively and not more than three times consecutively.

1. Lease under the current condition;

5. During the lease term; and

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