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(영문) 전주지방법원 2016.05.31 2015가단17199

시설물철거 등

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a)on the rooftop of the fifth-story building on the ground of Jeonju-si.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the 5th floor building B on the ground of the Jeonsan-gu Seoul Metropolitan City (hereinafter “instant building”), and the Defendant is a corporation with the purpose of manufacturing outdoor advertisements and outdoor advertising agency business.

B. On December 26, 2004, the Plaintiff and the Defendant entered into a lease agreement with the Defendant to install a rooftop advertisement on the rooftop of the instant building and use it (hereinafter “instant lease agreement”) under the condition that annual rent of KRW 5 million is KRW 12 million, and the Defendant established a rooftop loan (hereinafter “instant lending loan”) such as the indication of the attached facilities on the rooftop of the instant building and started advertising business immediately thereafter.

C. On December 27, 2009, the Plaintiff and the Defendant renewed the instant lease agreement with the same conditions as before, with the exception of changing the rent to the monthly rent of KRW 1,00,000 (additional rent separately), and with the exception of changing the period to three years, the Defendant unilaterally prepared a lease agreement including the following: “The lease period shall be up to December 31, 2017 (five years) and the monthly rent shall be one million won (additional rent separately), and the monthly rent shall be from January 1, 2013 to December 31, 2013, the monthly rent shall be reduced to KRW 50,000,000 (from January 1, 2014 to December 31, 2013).”

Around June 4, 2013, the Plaintiff refused the above new proposal of the Defendant, and notified the Defendant that “A monthly rent shall be KRW 1,00,000,000,000 (in addition, regardless of whether a monthly rent is added as in the existing advertisement, and the period shall also be December 31, 2013, maintaining the instant lease agreement.”

E. However, from January 2012 to December 31, 2013, the Defendant paid to the Plaintiff only the rent of KRW 550,000,000 for monthly rent of KRW 1/2 from January 201 to December 31, 2013, and thereafter, did not pay any money to the Plaintiff.

(f) this;