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(영문) 부산지방법원 2015.04.03 2014나12895

주차장 사용료

Text

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.

Reasons

1. Basic facts

A. On September 1, 2009, the Plaintiff entered into a parking lot lease agreement (hereinafter “instant lease agreement”) with the head of G management office, H, operating members I, and the auditor J, who are members of the G management office, signed the said parking lot lease agreement with the mechanical parking lot (hereinafter “instant parking lot”) attached to G, a building of 15th floor in Busan, Seo-gu, Seo-gu (hereinafter “G”), with a lease deposit of KRW 10 million, the lease period of KRW 60,000,000, and the lease period of KRW 10,000,000 from September 1, 2009.

B. On July 12, 2012, the Defendant entered into a lease agreement with the KB Real Estate Trust Co., Ltd., a trustee, who was trusted by the sectional owners of the fourth, fifth and sixth and sixth floors on July 12, 2012, and operates K with the trade name of K in the above real estate.

(hereinafter referred to as “K”) each of the above real estates leased by the Defendant from the KF real estate trust company.

From August 18, 2012 to August 12, 2013, the Defendant paid KRW 1,00,000 per month to the Plaintiff as parking fee, but did not pay the parking lot fee to the Plaintiff after September 2013.

[Reasons for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 3, Purport of the whole pleadings]

2. The Plaintiff’s assertion entered into the instant lease agreement with C, the representative of the G management body, and on July 1, 2012, between the Korea Deposit Insurance Corporation, the owner of G, the Busan Savings Bank, and the trustee in bankruptcy, the Busan Savings Bank, entered into an oral agreement with the Plaintiff, who operates the parking lot, to pay KRW 2 million per month the parking lot usage fee, and the Plaintiff may dispatch one manager of the parking lot in lieu of the payment of KRW 1 million out of the parking lot usage fee.

The defendant leased K from the above Korea Deposit Insurance Corporation and accepted the above oral agreement from August 18, 2012.