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(영문) 서울중앙지방법원 2015.07.22 2015가단5074261

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 7, 2010, the Plaintiff leased the real estate listed in the separate sheet owned by the Nonparty Company (hereinafter only referred to as the “instant real estate”) from the Oral ScS Co., Ltd. (hereinafter only referred to as Nonparty Company) for the term of lease from December 7, 2010 to December 6, 2013.

(hereinafter referred to as "first lease contract").

However, since the real estate of this case was part of the 6th floor building and there was a possibility of dispute between the plaintiff and other tenants related to the selection and change of the type of business. In other words, there was a dispute between the plaintiff and the non-party company regarding the payment of monthly rent, restoration of the original state, the consent and purchase of appurtenances, lease deposit and lease deposit, transfer of lease deposit and lease right, premium and beneficial cost.

C. On December 7, 2013, the Plaintiff and Nonparty Company concluded a lease contract again with the term of lease from December 7, 2013 to June 6, 2015, the lease deposit amount of KRW 200,000,000 per month, the rent of KRW 11,00,000 per month, and the management fee of KRW 1,580,00 per month (Additional tax separately).

(hereinafter referred to as the “instant lease contract”).

After entering into the instant lease agreement, the non-party company filed an application for judicial reconciliation with the Seoul Central District Court 2013Da2992 on matters that had previously been disputed against the Plaintiff, and on February 10, 2014, on the settlement date, the protocol of compromise containing the following (hereinafter referred to as “the protocol of compromise”) that “the Plaintiff is ordered to restore the instant real estate to its original state to the non-party company on June 6, 2015, the expiration date of the lease agreement.”

E. On February 26, 2014, the Defendant purchased the instant real estate from the Nonparty Company, and was granted the succeeding execution clause on the instant protocol of compromise on March 9, 2015.

F. On March 23, 2015, the Plaintiff’s right to request the Defendant to renew the contract by December 6, 2015, which does not exceed five years including the initial term of lease pursuant to Article 10(1) of the Commercial Building Lease Protection Act.