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(영문) 제주지방법원 2017.11.16 2016나7043
사용료
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. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) C on May 26, 2008 and the E-ground building at Jeju Island (hereinafter “instant real estate”).

As to the lease term, from June 15, 2008 to June 14, 201, a lease contract was concluded with the effect that the lease deposit is KRW 10 million per annum, and KRW 10 million per annum. Since the renewal of the lease contract between C and D, D used the instant real estate as a lessee until June 14, 2014. (2) When the lease contract between C and D has expired due to the expiration of the term, the Defendant entered into a lease contract with C and the instant real estate as to June 10, 2014 to June 15, 2014, with the term of the lease period as to the instant real estate as well as from June 14, 2019, the lease contract with KRW 15 million per annum, and KRW 15 million per annum (the lease is a lease contract with KRW 15 million per annum, but with the content of KRW 15 million per annum).

(3) After November 25, 2015, the Plaintiff purchased the instant real estate from C on November 25, 2015, and succeeded to the instant lease agreement. However, since the Defendant’s annual rent of KRW 11.5 million paid to the Plaintiff is not reasonable when compared with the rent of a neighboring building, the Plaintiff is entitled to claim an increase in the rent to the Defendant within the extent prescribed by the Commercial Building Lease Protection Act, and accordingly, the Defendant is obliged to pay KRW 1,04,00 in the difference between the increased rent and the rent already paid by the Defendant. Furthermore, if the rent or deposit is unreasonable due to the increase or decrease in taxes, public charges, and other burdens on the leased building, or the change in economic circumstances, the Plaintiff may claim an increase or decrease in the future rent or deposit (Article 11(1) main sentence of the Commercial Building Lease Protection Act).

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