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(영문) 서울남부지방법원 2014.09.18 2014나4632

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On September 2010, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the following content:

Article 1 (Indication and Use of Objects) (1) Location. (2) Lease Area B in Daejeon: 113 square meters (5 stories): < Amended by Presidential Decree No. 2426, Oct. 4, 2010; Presidential Decree No. 24204, Oct. 3, 2012>

(2) If there is no separate declaration on the extension of the term of lease between both parties one month before the expiration of the term of lease, the term of the lease shall be automatically extended on an annual basis.

Article 4 (Lease Deposit) Lease Deposit: 10,000,000 won monthly rent: 1,000,000 won for monthly management expenses (excluding value-added tax): Article 6 (Management Expenses for Month): Article 7 (Public Charges and Other Expenses Separate from Value-Added Tax) for the use of the object, the lessee shall pay to the lessor the electric charges, water charges, public charges, and environmental improvement charges for the use of the object.

B. On May 201, the Defendant changed Article 3(2) of the instant lease agreement between the Plaintiff and the following content.

When there is no written notification for the renewal of the term of the lease between both parties within three months before the expiration of the term of the lease, the term shall be deemed automatically extended for one year under the same conditions as this contract.

C. On October 8, 2012, after the termination of the instant lease agreement, the Plaintiff notified the Defendant of the termination of the instant lease agreement in writing, and the Defendant was on the same month.

9. This was received. D.

On October 12, 2012, the Defendant notified the Plaintiff that such notification of termination of the contract violates Article 3 of the amended contract around May 201.

On November 2, 2012, the Plaintiff notified the lessee that “The foregoing revised contract is a provision unfavorable to the lessee, and has no effect of violating Article 15 of the Commercial Building Lease Protection Act.”

E. The Defendant terminated on January 9, 2013 after three months from the date when the instant lease agreement was received notice of termination from the Plaintiff.