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(영문) 서울중앙지방법원 2019.02.01 2018나38095
관리비 등 반환청구의 소
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. Basic facts

가. 원고는 토목건축공사업 등을 영위하는 회사, 피고는 부동산 개발, 임대업 등을 영위하는 회사이다.

B. On March 31, 2014, the Plaintiff: (a) leased part of KRW 2,360.6 square meters on the nine-story Seoul Central Building (hereinafter “instant building”) from the Defendant to KRW 496,172,096; (b) monthly rent KRW 56,736,516 (only in the absence of any separate indication of value-added tax; hereinafter the same shall apply); (c) monthly management expenses; (d) monthly management expenses; (e) KRW 24,131,621; and (e) from April 1, 2014 to March 31, 2017; (b) leased KRW 40.28 square meters and 40.28 square meters in storage on the seven-story warehouse; and (c) leased KRW 3,589,163; (d) monthly usage charges; and (e) determined deposit money of KRW 30.308,398,97,389,7888.

(hereinafter collectively referred to as “instant lease agreement”). C.

The main provisions relevant to this case among the terms of the instant lease agreement are as follows.

Article 4 (Rent) (1) The lessee shall pay the lessor a monthly rent, the rent of which is KRW 56,736,516, KRW 500,000,000 ( KRW 56,736,516) / 24,035 ( KRW 24,035).

Provided, That value-added taxes shall be separately imposed.

Article 5 (Management Expenses) (1) The lessee shall pay the lessor KRW 24,131,621,000,000,000,000 for the fixed management expenses of the building monthly, to the lessor (Article 24,131,621) / (Article 10,223).

Provided, That value-added taxes shall be separately imposed.

Article 7 (Adjustment of Rental Deposit, Rent, and Management Expenses) ① The rental deposit and rent under Articles 3 and 4 of this Agreement shall be increased at an increase in the rate agreed separately between the lessee and the lessor at the time of the conclusion of this Agreement, every one year from the starting date of the lease agreement.

2. The management expenses under Article 5 of this Agreement shall be increased by the increase rate as of January 1 each year agreed separately by the lessee and the lessor in the special agreement at the time of the conclusion of this Agreement.

Article 8 (Calculation of Rent and Management Expenses and Damages for Delay) (1) Although a lessor has delivered an object of lease, the lessee shall actually use the object of lease.

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