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(영문) 서울고등법원 2016.01.27 2015나2038901

차임등

Text

1. Of the judgment of the court of first instance, KRW 49,788,950 against the Plaintiff as to the Defendant and its related amount, from March 14, 2015 to January 27, 2016.

Reasons

1. Basic facts

A. The Plaintiff’s status (i.e., the Dongdaemun Heavy Injury Market Reconstruction Project Association (hereinafter “Insular Association”) promoted a reconstruction project to newly build a commercial building (hereinafter “the instant commercial building”) on the ground of 773 large 4,144.3m3m2, Jung-gu, Seoul Special Metropolitan City, where the land for the said market was located in the Dongdaemun-gu Market, Jung-gu, Seoul Special Metropolitan City, which was the land for the said market. Insurg F&C Co., Ltd. (hereinafter “Insurg F&C”) entered into a comprehensive implementation contract with the Non-Party Cooperative to perform all duties related to the said reconstruction project, and the instant commercial building was completed on June 4, 2010.

The plaintiff is the member of the non-party partnership, and is the owner of E among the commercial buildings in this case.

B. The Defendant and the non-party company entered into a lease agreement on the right of lease between the non-party company and the non-party company, the enforcement agent of the non-party association, respectively.

According to the lease contract entered into by the Defendant, the buyer entered into a contract by specifying the number of the floor and the Gu unit (3.9 square meters per unit) of the instant commercial building, and pays the sales price to the non-party company, other than the rental deposit and the rental deposit, but if the store becomes final and conclusive after drawing the specific location of the store, the buyer entered into a lease contract separate from the sectional owners of the individual shop (a lessee) and pays monthly rent for the lease period (10 years after the opening of the store), and if the lease contract is terminated, only the lease deposit shall be returned to the lessor.

C. (i) On July 22, 2010, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant with respect to E among the instant commercial buildings, the lease deposit is KRW 39,024,00, monthly rent is KRW 1,013,00 (excluding value-added tax, monthly rent is paid on the 30th day of the current month), and the lease period is after the opening of the instant commercial building.