임관리비 등 청구의 독촉사건
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The Plaintiff is a company that delegated the right to occupy and use, and to manage and operate, the shopping mall of an underground shopping mall located in Crogate (hereinafter “instant shopping mall”).
B. On December 15, 2010, the Plaintiff entered into a lease contract with the Defendant for KRW 449,960,000, monthly rent of KRW 64,000/m2 (in 2011, respectively), and the lease period of KRW 64,00,00 for the instant commercial building (hereinafter “instant lease contract”). The Defendant occupied and used the instant commercial building by being handed over the said 142 around October 6, 201, where a pre-construction employee was issued.
C. On March 24, 2014, the Plaintiff was decided to commence rehabilitation procedures with the Seoul Central District Court 2014 Ma32, but on February 2, 2015, upon receiving a decision on discontinuation prior to authorization on the grounds that “it is impossible to implement the draft rehabilitation plan,” the lessee of the instant commercial building did not pay rent, management fee, etc. to the Plaintiff.
The defendant also did not pay rent and management expenses from August 2015, and the sum of unpaid rent and management expenses until September 2015 is KRW 1,971,747 (=the unpaid principal 1,961,429 won until March 10, 2016).
E. Meanwhile, the instant lease has been implicitly renewed pursuant to Article 3(2) of the instant Commercial Building Management and Operation Rules (a lessee’s continuous operation of business shall demand renewal of the lease to the Plaintiff one month prior to the expiration of the contract: Provided, That where a renewal request is not made, the lease has been renewed for one year). On September 1, 2016, the Defendant expressed to the Plaintiff by means of a document verifying the purport that “the Plaintiff may immediately remove the lease upon the expiration of the period for the designation of the date for the deposit to be returned, to prepare a security to be returned, and to inform the Plaintiff of the date for the refusal of renewal.”
[Reasons for Recognition] There is no dispute;