차임 등
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. Appeal costs and ancillary costs.
1. Facts of recognition;
A. On March 13, 2004, the Plaintiff leased the 2nd floor in Gangnam-gu Seoul building from the owner of the building. On the other hand, on the two floors in the above building leased by the Plaintiff to the Defendant, the Plaintiff sub-leaseed the 20 million won unit management room, which is part of the two floors in the above building leased by the Plaintiff (hereinafter “the 2nd unit management room”) to the Defendant, as the deposit amount of KRW 20 million, monthly rent of KRW 5 million (excluding value added tax, prepaid), management expenses (excluding value added tax, and subsequent payment), KRW 1,00,000 per month, and the lease period from March 13, 2004 to March 12, 2005 (1) year). The remainder of the above 2nd floor, which is separated between the 2nd unit management room and the partitions, was continuously used by the Plaintiff as the office.
B. The Defendant, along with the conclusion of the above sub-lease contract, agreed to pay to the Plaintiff KRW 5 million per month (excluding value-added tax) and KRW 10 million per month (excluding value-added tax) for the subsequent nine months from the date of the contract with the purchase price for the goods necessary for the operation of the department under the management of the department under the instant case.
(hereinafter the above sub-lease contract and arrangement are referred to as the "sub-lease contract, etc. of this case").
Since March 13, 2005, the instant sub-lease contract, etc. was renewed on a yearly basis, and the management expenses were increased to KRW 1480,000 per month (excluding value-added tax) and KRW 13,000 per month (excluding value-added tax), respectively, and from March 13, 2008, the management expenses were increased to KRW 2.98,00 per month (excluding value-added tax).
On or after March 12, 2009, the Defendant notified the Plaintiff on November 2009, when he occupied and used the instant skin management room without the Plaintiff’s objection, that “I will move back to the next month of the west.” On December 19, 2009, the Defendant transferred approximately 150 meters away from the department management room of this case to approximately 6 stories in Gangnam-gu, Seoul. At that time, the key of the department management room of this case was transferred to the Plaintiff.
E. The Defendant’s rent in December 2009 pursuant to the instant sub-lease contract, etc. (i.e., the rent until January 13, 2010), and the rent in December 209.