건물명도(인도)
1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to the court of first instance. Thus, this is cited by the main sentence of
2. Additional determination
A. The gist of the Defendant’s assertion 1) Even if the Plaintiff and the Defendant agreed to increase the rent from July 1, 2015 to KRW 50,000 per day from July 1, 2015, which was not one year after the conclusion of the instant lease agreement, around June, 2015, it is no longer effective in violation of Article 11 of the Commercial Building Lease Protection Act. 2) Even if there was an agreement between the Plaintiff and the Defendant to increase the rent as above, it is possible for the Defendant to refuse the payment of rent to the extent that the Defendant could not normally use the instant commercial building from the end of January 2018 to the extent that it could not interfere with the use and profit-making. Accordingly, the Defendant’s payment should be partially reduced.
B. As to the allegation of violation of Article 11 of the Commercial Building Lease Protection Act, Article 11(1) of the Commercial Building Lease Protection Act provides that "if rent or deposit has become unreasonable due to taxes, public charges and other burdens on leased buildings, or changes in the economic situation, the parties concerned may request an increase or decrease in the future rent or deposit. However, in the case of an increase, it shall not exceed the rate determined by Presidential Decree." Article 11(2) provides that "a request for an increase under paragraph (1) shall not be made within one year after the lease contract or the agreed increase in rent, etc. is made." The above provision applies only to a request for an increase or decrease in rent, etc. agreed upon by one of the parties concerned during the existence of the lease contract, and the renewal or termination of the lease contract after the termination of the lease contract.