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Reasons
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(영문) 서울중앙지방법원 2017.02.16 2015가단5333823
차임증액 등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 27, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 35 million, monthly rent of KRW 800,000,000 from the delivery date of the lease term (til December 5, 2012) to December 4, 2013 with respect to the real estate indicated in the separate sheet owned by the Plaintiff, a commercial building (hereinafter “instant store”), and delivered the instant store to the Defendant at all times.

B. On October 14, 2013, the Defendant demanded the Plaintiff to renew the instant lease agreement, and thereafter, the Defendant continued to demand the Plaintiff to renew each contract under Article 10(1) of the Commercial Building Lease Protection Act until November 26, 2017 with respect to the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 7-1, 2-2, the purport of the whole pleadings

2. On October 1, 2013, the Plaintiff: (a) intended to renew the lease deposit of the instant store with the Defendant KRW 40 million; and (b) agreed to renew the instant lease agreement without the Defendant’s request; (c) the Defendant demanded renewal of the instant lease agreement; and (d) on October 18, 2013, the Plaintiff was to deliver the instant store to the Defendant without wishing to renew the lease deposit of the instant store with the amount of KRW 38 million; and (c) on October 18, 2013, the Plaintiff did not wish to renew the lease contract with the amount of KRW 870,000,000,000 if the Defendant did not consent to the termination of the instant lease agreement; and (d) notified the Plaintiff that the Plaintiff did not express an implied renewal or re-contract on the instant store; (c) thus, the Plaintiff expressed that the lessee is obligated to deliver the instant store pursuant to the termination of the lease agreement, and thus, (d) pursuant to Article 10(1) of the Commercial Building Lease Protection Act.

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