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(영문) 서울중앙지방법원 2021.01.14 2018가합588954

손해배상(기)

Text

1. The Defendants jointly share KRW 86,786,50 with respect to the Plaintiff and the period from January 1, 2017 to January 14, 2021.

Reasons

1. Basic facts

A. The Defendants owned 1/4 shares of each of the 2nd underground and 1/4 shares of the 13th above ground located in Jung-gu Seoul, Seoul around 2002, and leased part of the above building to third parties from around that time.

2) On December 23, 201, the Plaintiff, representing the Defendants, leased the lease deposit of KRW 200,000,000, monthly rent of KRW 15,000,00 ( separate value-added tax), and the lease period from January 1, 201 to December 31, 2013 (one-year extension under the same conditions, if the Plaintiff did not notify in writing the refusal of renewal or change of the terms and conditions at least two months prior to the expiration of the lease period) as the lease deposit of KRW 13,00,00,000, monthly rent of KRW 15,000,00 (excluding value-added tax) among the above G buildings (hereinafter “instant lease contract”), and retail business was conducted under the same conditions as “I” (hereinafter “I”).

B. 1) The Act on the Protection of Commercial Building Lease (hereinafter “the Act on the Protection of Commercial Building Lease”) was not applicable to the lease exceeding the amount of security deposit determined by the Presidential Decree (hereinafter “the amount of high-amount lease”). The Act on the Protection of Commercial Building Lease did not apply to the instant lease agreement exceeding the amount of security deposit under the said Act. The Act on the Protection of Commercial Building Lease did not apply to the instant lease agreement exceeding the amount of security deposit under the said Act.

2) Following the amendment of the Commercial Building Lease Act by Act No. 12042, Aug. 13, 2013, the Act was amended, and the lessee’s right to request renewal of the contract for a period of five years (Article 10(1), (2), and the main text of Article 10(3) of the Commercial Building Lease Act) was also applied to a large lease (Article 2(3) of the Commercial Building Lease Act). Article 10-4 (Protection of an opportunity to recover premiums, etc.) of the Commercial Building Lease Act (Article 10-4 (Protection of an opportunity to recover premiums, etc.) (1) was amended to extend the lessee’s opportunity to recover premiums for a period of six months prior to the expiration of the lease term through the partial amendment of Act No. 15791, Oct. 16, 2018.

Premiums shall be paid by doing any of the following acts from before the lease to the termination of the lease: