건물인도 등
1.The judgment of the first instance shall be modified as follows:
The instant lawsuit between the Plaintiff and the Defendant C is about October 20, 2016.
1. In the first instance court’s declaration of termination of the lawsuit, the Plaintiff stated in the first instance court that, (a) the delivery of a building upon the termination of the lease contract against the Defendants; (b) the Plaintiff first filed a claim against Defendant B for confirmation of the lease contract relationship and for the payment of rent; and (c) the Defendants withdrawn the primary claim on October 20, 2016 at the first instance court’s date for pleading; and (d)
Therefore, the Plaintiff’s instant lawsuit against Defendant C was terminated on October 20, 2016 as the withdrawal of the Plaintiff’s lawsuit.
2. Determination as to the plaintiff's claim against the defendant B
(a) Article 5 (Adjustment of Security Deposits, Rents, and Fixed Amount Management Expenses) (1) The security deposit, rent, and fixed amount Management Expenses shall be the same for two years from the commencement date of the lease, and after the lapse of two years, the market conditions, etc. of real estate shall be comprehensively considered;
(2) Even during the term of a lease contract, in any of the following cases, A may adjust the deposit, rent, and fixed amount management expenses in consultation with B:
1. Where taxes and public charges imposed on the leased object or the business of Party A are increased or expected to be increased;
2. Where the expenses incurred in the maintenance and management of the leased object have increased remarkably;
3. Where there is a remarkable change in price increase or other economic conditions; and
4. To pay interest in arrears in addition to the late payment rate of 25 percent per annum and the number of delayed days where the payment of lease deposit, rent and management expenses is delayed, where it is deemed necessary to adjust after consultation with Gap and Eul.
1) On January 28, 2014, the Plaintiff, who runs the leasing business, etc. under the trade name “D,” shall be the real estate listed in the separate sheet owned by Defendant B and the Plaintiff (hereinafter “instant real estate”).
B) deposit KRW 20 million, monthly rent of KRW 10 million (in addition to value-added tax, KRW 200,000,000 per month; hereinafter the same shall apply) and fixed management expenses of KRW 2 million per month (in addition to value-added tax, period from March 1, 2014 through February 28, 2019. < Amended by Act No. 12513, Mar. 1, 2014>