임대차보증금
1. The Defendant’s KRW 462,617,720 as well as 6% per annum from June 10, 2017 to August 24, 2018.
1. Basic facts
A. On February 28, 2014, the Plaintiff entered into the instant lease agreement (i) Han Island Co., Ltd. (hereinafter “Korea Island”)
from the Seo-gu Incheon, Seo-dong 693, 693-8 Land and its ground buildings (hereinafter “instant buildings”).
A) A lease deposit was set at KRW 70 million, monthly rent of KRW 100 million (excluding value-added tax), and the lease period from May 1, 2014 to April 30, 2021. (2) The Defendant purchased the instant building from Han Island P&D and completed the registration of ownership transfer on December 24, 2014.
On December 24, 2014, the Defendant succeeded to the lessor status of Han Island, and entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, with the same content as the lease agreement entered into with Han Island D.
The contents of the instant lease agreement are as follows.
Article 2 (Basic Conditions of Contracts) (3) Types of business: 7 years from May 1, 2014.
- The first year: The second year from May 1, 2014 to April 30, 2015 - the second year: from May 1, 2015 to April 30, 2016 - the third year: the matters concerning the re-contract, etc. under Article 4 (Adjustment of Rental Deposit, Rent, and Expenses for Management and Maintenance) from May 1, 2016 to April 30, 2017, the lessee shall increase the rent by 3% each year from the third year under Article 2 (5).
Article 7 (Duties of Lessee and Lessee and Reasons for Termination) (5) No lessor and Lessee shall terminate this contract at will during the term of the contract.
Provided, That if a tenant intends to cancel the contract in the middle of the contract period due to unavoidable reasons, he/she shall notify the tenant in writing at least three months prior to the scheduled date of termination and obtain prior approval from the landlord.
In addition, if the lessor intends to terminate the contract during the contract period due to unavoidable reasons, he/she shall notify the intention in writing at least three months prior to the scheduled date of termination and obtain prior approval from the lessee in advance.
(7) A lessor shall cancel the lease.