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(영문) 의정부지방법원 고양지원 2017.01.18 2016가합1410

임대료

Text

1. The defendant shall be the plaintiff.

(a)payment of KRW 104,768,950;

(b) each real estate listed in the separate sheet from November 1, 2016.

Reasons

1. Under the terms of a lease agreement entered into with C on October 1, 2001, the said lessor and the Defendant concluded an extended lease agreement by changing the term of use of land to ten years by the end of December 2021, on the ground that “the period of use under Article 2 (Contract Period) shall be ten years from the date of the contract, and the second shall be extended only once for five years after the resolution of the clan representing the Plaintiff: Provided, That the Defendant (C) may not request the Plaintiff to extend the extended term of use of land, unless there are special reasons after the expiration of the period of use of land by the end of December 2021, 201 as follows:

Article 6 (Rent, etc.) (1) In accordance with the terms and conditions of an extension contract for the next ten years (not later than December 31, 2021), the defendant shall provide the plaintiff with 300 million won (additional tax separately).

(2) For the first two years: The monthly rent for a two-year period from January 2, 2012 to December 2013 shall be agreed on KRW 17,00,000 per month.

(3) The monthly rent from January 2014 every year shall be raised by mutual agreement between the Plaintiff and the Defendant (in consideration of the rate of increase in water prices, etc.).

However, if the plaintiff and the defendant fail to agree, the defendant agrees to pay the increased amount by 5% to the plaintiff.

On October 2, 2012, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant (hereinafter “instant lease agreement”) (hereinafter “instant real estate”), and its main contents are as follows.

B. On the same day, the Plaintiff’s joint representative D, E, and F prepared and delivered a written confirmation (hereinafter “Plaintiff’s joint representative confirmation”) stating that “The monthly rent shall be paid in KRW 36,556,050,050,000,000,000 for the outstanding amount of 1.0% (the amount paid in lieu of the real estate possession tax).” The monthly rent shall be paid in KRW 17 million from the rent on October 2012 as of the date of the contract.” The Defendant’s joint representative C, who is the Defendant’s joint representative, promises to take responsibility and resolve the issue of monthly rent raised since January 23, 2012 to September 20.

(b).