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(영문) 수원지방법원안양지원 2017.06.01 2016가단113151
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 8, 2012, the Plaintiff, as the owner of the building C on the ground (hereinafter “instant building”). On March 8, 2012, the Plaintiff concluded a lease agreement with the Defendant, setting the lease term of KRW 10,000,000, monthly rent of KRW 1,000,000 from March 8, 2012 to March 7, 2014, with respect to the lease term of KRW 284.1 square meters among the underground floors of the instant building and the Defendant.

(hereinafter “instant lease agreement”). B.

The Defendant engaged in entertainment tavern business under the trade name “D” in the instant building leased under the instant lease agreement.

C. On May 28, 2013, the Gunpo-si Mayor confirmed that the Defendant used the leased part of the instant building as an entertainment bar business site, and the same year.

9. 11. The Plaintiff imposed total of KRW 20,648,940, including acquisition tax of KRW 18,771,780 and special rural development tax of KRW 1,877,160, and KRW 20,648,940 on the Plaintiff. Although the Plaintiff paid the total amount of KRW 2,375,160 among heavy taxation paid by the Plaintiff on September 26, 2014, the Gunpo-si was refunded property tax of KRW 2,375,160 on the instant building (building) and KRW 2,990,044 on the instant building due to the Defendant’s entertainment tavern business, and KRW 2,820,470 on the instant building (land) and heavy taxation amount of property tax of KRW 2,928,710 on the same year (building) and KRW 2,872,170 on the land (land) and KRW 11,394 on the same year.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 17, Eul evidence 1 through 7 (if there are numbers, including each number; hereinafter the same shall apply), witness E and F testimony, the purport of the whole pleadings and arguments

2. The Plaintiff asserts that, as at the time of entering into the instant lease agreement, the Defendant agreed to pay heavy taxation arising from the Defendant’s entertainment tavern business, the Plaintiff is obligated to pay heavy taxation paid by the Plaintiff.

The following facts and circumstances acknowledged by each of the above grounds for recognition, i.e., the Plaintiff, before entering into the lease agreement of this case.

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