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(영문) 부산지방법원 2018.12.06 2017가단332155
임료 및 차임증액
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a D building located on three parcels, including Busan Northern-gu C (hereinafter “instant building”).

) Of the underground floors E and F of the sixth floor (hereinafter “instant store”).

2) The G Co., Ltd. (hereinafter “G”) is the executor of the instant building construction project.

3) The Defendant is a company operating department stores, discount stores, and rental businesses. (B) The instant building was opened as a shopping mall around April 26, 2008, and the business depression of the shopping mall continued to cause the damages of the sectional owners.

2) As such, G, an executor, promoted promoted “H” operated by the Defendant as the salesroom in the instant building. On December 2, 2009, G between the Defendant and the Defendant, on December 2, 2009, set up a store from the first to the sixth above ground level of the instant building (hereinafter “instant seven-story store”).

3) On March 11, 2010, G concluded a lease agreement with the Defendant (hereinafter “instant first lease agreement”) as the representative of the sectional owners of the instant 7th floor stores, including the Plaintiff, to conclude the lease agreement upon delegation of all the powers from the sectional owners. The main contents thereof are as follows.

Specialized

1. Section 1 and Section 137 of the 7th floor store of this case (hereinafter “Section 1”) comprehensively delegate all the rights (including the settlement portion of security deposit and rent) of sectional owners to G. The sectional owners confirm that all the agreements and consultations with G and Defendant, including this contract, are specifically known by sectional owners and have a direct effect to sectional owners.

2.The conclusion of this Agreement and all legal and factual problems with respect to the subject matter of this Agreement shall be subject to consultation with the Defendant only through G, and shall be subject to each owner or lawful owner of this leased object.

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