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(영문) 서울동부지방법원 2019.01.25 2018가단101193
건물명도(인도)
Text

1. The counterclaim Defendant: 54,740,000 won to the counterclaim and 5% per annum from January 1, 2018 to August 16, 2018.

Reasons

1. Basic facts

A. A. Around August 3, 2005, the Plaintiff: (a) leased Cho Lake [Attachment 2, 2, 3, 4, and 1 attached Table 1 attached hereto (hereinafter “instant commercial building”) from 1 other than D, to 20 million won for lease deposit; (b) monthly rent of KRW 1.2 million; and (c) from 1 other than D; and (d) from September 1, 2005 to August 31, 207, the term “E” was set up and leased from 20 million for lease deposit to 30.03 square meters; and (e) thereafter, from around that time, the term of the above lease was renewed to 20 million won for lease deposit between F and the former owner on December 30, 2015.

(hereinafter “instant lease agreement”). B.

The Defendant purchased the buildings listed in the attached Table 1 list and completed the registration of ownership transfer on September 8, 2017. On October 24, 2017, the Defendant sent to the Plaintiff a written notice demanding an increase in the amount equivalent to 9% of the existing rent and management expenses pursuant to Article 11(1) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”).

On November 2, 2017, the Plaintiff sent to the Defendant a written notification that the increase in rent and management fee is unfair due to the change in the Gyeonggi-do and its neighboring business district (the decrease in the floating population due to the relocation of the Dong-dong district court, etc.).

Plaintiff

In addition, there was a similar dispute between other lessees and the defendant of the building listed in the attached Table 1 list as a problem of increase in rent and re-contract.

C. On November 3, 2017, the Plaintiff sent to the Defendant a written notification to the effect that the instant lease agreement will be renewed upon the maturity of the contract.

On November 7, 2017, the Defendant sent a notice to the Plaintiff that the Plaintiff had no intent to renew the contract.

(W) On November 15, 2017, the Plaintiff requested the Defendant to renew the contract on three occasions more than three occasions on November 15, 2017, and sought to reply to the increase in rent and deposit.

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