임차권 존재 등 확인의 소
1. The part of the main claim in this case shall be dismissed.
2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. C and D completed registration of initial ownership relating to 1/2 shares of each of the instant buildings on January 25, 1989. Since C died on or around March 30, 2014, E, F, G, and H completed registration of ownership transfer as to 1/8 shares of each of the instant buildings on August 20, 2014.
B. On February 1, 2015, the Plaintiff and I (hereinafter “Plaintiff, etc.”) entered into a lease agreement between D and four other parties with regard to the instant building (hereinafter “instant lease agreement”) with a deposit of KRW 300,00,000, monthly 18,500,000 (excluding value-added tax), management expenses monthly 8,470,000 (excluding value-added tax), parking fees (excluding value-added tax), monthly 1,940,000 (excluding value-added tax), and from February 1, 2015 to January 31, 2017 (hereinafter “instant lease agreement”).
C. Around February 1, 2017, the Plaintiff, etc. renewed the term of the instant lease agreement with D and four other parties from February 1, 2017 to January 31, 2019. The part relating to the instant lease agreement relating to the instant case is as follows.
Article 12 (Operation of Objects, Construction and Repair of Facilities) (1) The lessee may, with the prior consent of the lessor, perform the following acts at the lessee’s expense:
Provided, That the lessor may conduct the direction and supervision of the construction in order to ensure the unity of the building.
- An act of cutting off or altering partitions, windows, etc. in the leased article - the installation of electric lights, electric power systems, telephones, telephones, computer and other telecommunications facilities, such as telecommunications facilities, water supply and drainage, gas, etc. - The act of installing, expanding or altering such facilities - The lessee gives up the lessee's right to demand reimbursement and the right to demand the right to purchase the attached things.
(3) Expenses incurred in walls, ceilings, floors, electricity and telephone facilities, air-conditioning and heating facilities, etc. of naturally worn-out items shall be borne by the lessor, and other repair expenses shall be borne by the lessee.
At this time, the lessee waives his/her right to demand reimbursement for all necessary expenses.
(4) The lessee discovered the repair site under the preceding paragraph.