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(영문) 서울서부지방법원 2019.03.28 2018나36469

임대료

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 15, 2011, the Plaintiff entered into a lease agreement with C to lease the first floor E stores of Mapo-gu Seoul Metropolitan Government DD Building (hereinafter “instant store”) with a deposit deposit of KRW 50 million and monthly rent of KRW 2050,000 (hereinafter “instant lease agreement”). C leased several adjacent stores, including the said store, for the purpose of entertainment tavern (trade name: F) after leasing them.

B. According to the special agreement on the increase in public charges and property tax, C agreed to bear public charges, such as environmental improvement charges and traffic inducement charges imposed on the store of this case during the term of the said contract, and property taxes following the change of the business type of the store of this case into entertainment tavern.

C. On September 10, 2015, upon delay in the payment of rent, public charges, and property increase by C around 2014, the Plaintiff filed a civil lawsuit against C and sought to deliver the said store, and received a partial winning judgment in the first instance court on September 10, 2015 (this Court Decision 2014Da46078) (No. 2). As a result, the second instance court ordered C to deliver the store of this case to C on September 8, 2016 and issued a partial winning judgment in the appellate court to order C to pay an increase in property tax, and the said judgment became final and conclusive at the time of the final appeal.

(No. 2015Na36796) d.

On July 2016 to October 2016, the Plaintiff additionally paid the property tax (land, buildings) and charges for causing traffic congestion on the store in this case and completed the execution of the delivery of the above store around December of the same year.

[Ground of recognition] A without any dispute, which is obvious to this court, and Gap evidence 1-1, 2, and 3-1.