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(영문) 대구지방법원 2018.02.08 2017가단118688

임료증액

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B: (a) March 10, 2014, attached Form B to the Defendant

1. Attached Form among buildings listed in the list (hereinafter referred to as the “instant building”);

2. 도면 표시 ㉠㉡㉢㉣㉠을 차례로 연결한 선내 (가) 부분 162㎡(이하 이 사건 점포라고 한다)를 임차보증금 3,000만 원, 월세 220만 원, 계약기간 24개월로 정하여 임대하였는데, 특약사항으로 2015. 5. 1.부터 임차보증금 2,000만 원을 추가하고, 월세는 250만 원으로 증액하기로 하였다.

B. After purchasing the instant building from the foregoing B on November 4, 2015, the Plaintiff acquired the registration of ownership transfer on February 23, 2016, and succeeded to the lessor’s status of the said lease agreement between B and the Defendant (hereinafter “instant lease agreement”).

C. On December 19, 2016, the Plaintiff sent to the Defendant a certificate to the effect that the monthly price of the instant lease agreement is increased to KRW 2.7 million because it did not reflect the market price, which reaches the Defendant on December 20, 2016.

[Ground] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the monthly rent of the instant lease agreement was increased by KRW 2.7 million within the limit of KRW 9%, which is the limit of statutory increase pursuant to Article 11 of the Commercial Building Lease Protection Act, due to the Plaintiff’s failure to reflect the monthly rent of the instant lease agreement, and the Plaintiff’s notice of increase in the monthly rent was issued to the Defendant from December 20, 2016 to the effect of the monthly rent increase.

Therefore, from December 20, 2016 to June 2017, the defendant shall pay 1,398,000 won [=78,000 won [including 220,000 won of value-added tax (including value-added tax) ¡À31 days ± 11 days x 100 won] and delay damages corresponding to the difference between the existing monthly rent of 2.5 million won and the monthly rent of 2.7 million won from December 20, 2016 to June 2017], and the difference between the 1,320,000 won (20,000 won x 26 months x 26 months) and the monthly rent of 2.7 million won from July 1, 2017 to the date of delivery of the store of this case]. < Amended by Act No. 14839, Jul. 29, 2017>