(영문) 서울중앙지방법원 2017.11.15 2017나9892

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(영문) 서울중앙지방법원 2017.11.15 2017나9892

부동산인도

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1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. The plaintiff partly won the principal lawsuit in the first instance trial and partly ruled against the counterclaim. The plaintiff only appealed against the judgment of the first instance, and only the plaintiff amended the purport of the claim in the principal lawsuit and dismissed the claim against the plaintiff among the counterclaim.

Therefore, the subject of this Court's adjudication is limited to the part against the plaintiff among the changed principal lawsuit and counterclaim.

2. Basic facts

A. In around 2004, the Plaintiff newly constructed real estate listed in the separate sheet (hereinafter “instant building”) and constructed partitions and heating and cooling facilities on three floors above the first, the first, and second floor (hereinafter “the Defendant’s lease”) for the purpose of the Gosiwon’s business, and entered into a lease agreement with the Defendant on June 30, 2005 regarding the leased part of the instant building between C and the Defendant from June 1, 2005 to July 1, 2007, with the term “the lease agreement” (Evidence 5; hereinafter “previous lease agreement”).

B. On June 30, 2007, the Plaintiff, C, and the Defendant agreed to increase the rent by KRW 7,550,000 per month in the previous lease agreement (Evidence 6) and C were omitted in the previous lease agreement due to personal reasons.

After that, on July 1, 2007, the Plaintiff and the Defendant concluded a lease agreement with the content that the part of the instant building leased to the Defendant from July 1, 2007 to June 30, 2009, the lease deposit amount of KRW 100 million (hereinafter “the lease deposit of this case”) and KRW 7550,000 per month of rent (the evidence No. 2 of this case; hereinafter “the instant lease agreement”).

C. Around January 2009, the Defendant requested the Plaintiff to reduce the rent of the instant lease agreement, and the Plaintiff was also given a reduction of the rent at KRW 5 million per month in response thereto.

Even after the termination of the lease agreement on June 30, 2009, the Defendant has continuously occupied and used the leased part of the instant building.

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