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(영문) 부산지방법원 2018.12.11 2017가단337853

월세 및 보증금의 증액청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 18, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff with respect to the size of 3,256 square meters of the leased object owned by the Plaintiff, with a deposit amount of KRW 3.5 million, monthly rent of KRW 13 million, and the lease term of KRW 60,000,000 (excluding value-added tax); and entered into a lease agreement with each of the following special agreements.

4. The number of parking spaces shall be used exclusively by the defendant for parking spaces in the main entrance to a convalescent hospital.

5. Electric waterworks shall have measuring instruments to be used exclusively by the defendant;

6. The parking management expenses at the cost when the defendant customer uses the parking lot shall be adjusted by mutual agreement.

9. The monthly rent shall be calculated as of the date on which the establishment of a medical institution is authorized;

11. The term of the contract shall be sixty months from the date of the establishment of a medical institution;

13. The general management expenses shall be adjusted by mutual cooperation, in consideration of parking management expenses, etc.

B. On June 8, 2015, the Defendant obtained permission to establish a medical institution from the head of the Geum-gu Busan Metropolitan Government.

1. On the 736th square meters of the leased building area, 6,500 won per square meter shall be fixed as all the management expenses except the electric utility and water supply rates for the defendant's sole measuring instrument;

This applies within the term of lease.

2. The Plaintiff provides the Defendant’s sole measuring instrument on February 2016, pursuant to the terms and conditions of the lease agreement stipulated under Article 5 (electric water system is installed and provided to the Defendant for exclusive use).

3. Official elevators shall be open to the public, if necessary, for use by the defendant and shall provide facilities necessary for hospital operations, such as parking lot facilities.

4. The Plaintiff shall provide water supply facilities to the first half of 2016, and shall supply groundwater quality at a level of water supply suitable for drinking water, and shall make a full-time management to ensure that the Defendant does not cause inconvenience in using the facilities, such as supplying water if there is any malfunction in water supply.

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