(영문) 서울중앙지방법원 2016.10.10 2015나57927



1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.


1. Basic facts

A. On January 22, 2014, B, the Plaintiff’s spouse, entered into a lease agreement on behalf of the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) on behalf of the Plaintiff on the following terms:

(hereinafter referred to as “the previous lease agreement in this case”). The entire area to be leased to Gangnam-si C and D: 530,000 square meters of deposit with 290 square meters of land: the lease period of KRW 14,00,000 of monthly rent: The remainder payment date from February 11, 2014 to February 10, 2019: February 10, 2014;

On February 10, 2014, the remaining payment date, the Plaintiff changed part of the previous lease agreement of this case by agreement with the Defendant as follows.

(hereinafter referred to as “instant lease agreement”: Provided, That rather than a new contract on a modified contract, the existing content was deleted in the corresponding part of the contract entered into on the date of entering into the instant previous lease agreement, and the modified content was added as follows, and the Plaintiff and the Defendant revised the contract by means of a corrected seal attached thereto; and any other content is identical to that existing.

(A) The term “instant lease agreement” refers to the term “this case’s lease agreement”). The term of lease for the entire first floor on the ground (including an additional area for extension) that is to be leased after the alteration of the subject matter of the lease. The term of lease from February 11, 2014 to February 10, 2019 is from February 11, 2014 to February 10, 2020. < Amended by Presidential Decree No. 25174, Feb. 11, 2014; Presidential Decree No. 25070, Feb. 11, 2014; Presidential Decree No. 25070

The Plaintiff also has leased the entire part of the instant real estate to the former lessee E, and the area of the leased object at that time shall be 290 square meters under the contract.

On the other hand, if the area of 165 square meters in the part B, such as the area of 125 square meters in the part A indicated in the attached drawing, is combined, it shall be 290 square meters.

In the annexed original map drawn up on January 20, 2014, "existing store: 82.86 square meters (around 272 square meters E with a size of approximately 290 square meters; hereinafter the same shall apply) and store after expansion: approximately 376 square meters, real estate attached to the annexed land of around 113.92 square meters.