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(영문) 부산지방법원 2015.04.03 2014나8490

임대료 등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 9, 2008, the Plaintiff acquired each ownership of No. 132 and No. 133 (hereinafter “instant store”) among the building on land C outside Busan Northern-gu and three parcels (hereinafter “instant building”).

B. In order to revitalize the business district, the sectional owners of the instant building promoted D salesroom operated by the Defendant under the lead of Jung-ok Co., Ltd., the largest share of the executory company interest of the instant building, a sectional owner of the instant building (hereinafter “Yeo-ok”).

C. On March 9, 2010, the Plaintiff confirmed on March 9, 2010 that with respect to the lease of the building of this case, the Plaintiff: “The Plaintiff’s mistake will be appointed as the mandatory and negotiating representative and will delegate the following matters and will not raise any objection against the matters agreed to by the mandatory; and “II.”

1. All authority to conclude a lease agreement - the authority to determine the terms and conditions of the lease agreement (the contract period, deposit, and rent);

2. Executing common expenses (payment of expenses for management, such as public charges and service charges, and expenses for settlement and clarification thereof) from the deposit to be received by the principal, if necessary, in the course of leasing the detailed procedures for and methods of collecting the deposit and rent;

3. Authority to issue tax invoices necessary for the receipt of rents, to appoint tax accountants to act on behalf of various tax offices, and to collect the tax amount to be paid at the tax offices;

4. A written consent to guarantee the autonomy of the tenant of the type of business within the leased object was prepared, and at that time, the above written consent was issued to the defendant.

On March 11, 2010, with the consent of the sectional owners of the instant building from March 11, 2010, a lease contract for the 7th floor of the instant building is "the instant lease contract".

AB concluded the agreement.

E. From June 15, 2010 to May 16, 2013, the Plaintiff: (a) interest rate of the loan that the Plaintiff bears in relation to the instant store is KRW 134,729; (b) interest rate of the loan that the Plaintiff bears in relation to the instant store; and (c) interest rate is KRW 8,225,477.