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(영문) 서울남부지방법원 2018.01.11 2016나54204
임관리비 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a company that is delegated by Seoul Metropolitan Government with the right to occupy and use, and to manage and operate, the shopping mall of underground shopping mallss located in C Group (hereinafter “instant shopping mall”).

B. On September 1, 2011, the Defendant: (a) specified lease deposit for KRW 518,930,00 for KRW 115 among the instant commercial buildings from the Plaintiff (Provided, That the Plaintiff’s payment of KRW 311,330,00 among them shall be made as security deposit; (b) the remainder of KRW 207,60,000 shall be converted into monthly rent); (c) the monthly rent of KRW 64,00 (based on exclusive use area in 201; value added tax); (d) the sum of monthly rent of KRW 64,00 and the monthly rent of KRW 64,00 as stipulated in the special agreement; (e) the period of lease; and (e) one year from the date of completion and occupancy (hereinafter “instant lease”); and (e) the Defendant occupied and used the instant commercial building by delivery around October 6, 201, in which an employee was issued before completion.

In addition, on October 26, 2009, the defendant set the lease deposit amount of KRW 518,930,000 for 129 among the commercial buildings in this case from the plaintiff (Provided, That the amount of KRW 311,330,00 among them shall be paid as deposit, but the remaining amount of KRW 207,60,00 shall be converted into monthly rent), monthly rent of KRW 64,000 (based on exclusive use area of year 201), monthly rent of KRW 64,00,000, and monthly rent of KRW 64,000 under the special agreement (excluding surtax, and one year from the date of completion of the lease, and one year from the date of occupancy (hereinafter referred to as "the second lease in this case"). The lease in this case shall be handed over and used until October 6, 201, in which an employee was issued before completion of the construction of the commercial building in this case.

C. However, on March 24, 2014, the Plaintiff was decided to discontinue the rehabilitation procedure (property KRW 3.6 billion, debt KRW 63.4 billion), and on February 2, 2015, on the ground that “it is impossible to implement the rehabilitation plan,” and the lessee did not pay rent, management fee, etc. to the Plaintiff.

The defendant also did not pay some rent and management expenses from August 2015, and September 2015.

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