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(영문) 서울동부지방법원 2019.01.18 2018나22741
차임 청구의 소
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 2,072,487 and KRW 1,944,00 among them.

Reasons

1. Basic facts

A. From September 5, 200, the Defendant owned a building of 363.8 square meters in Songpa-gu Seoul, Songpa-gu, 363.8 square meters, D large 640.9 square meters and its ground ( underground 5 floors and 10 square meters on the ground) and operated a direct agency on the 1,2, and 3 floors among the above buildings (hereinafter “instant store”).

On August 4, 2010, the Defendant concluded a contract with the Plaintiff for the sale of the building site and buildings (hereinafter “instant sales contract”) and stipulated that “the Defendant shall pay a deposit of KRW 700,000,000, monthly rent of KRW 27,000, monthly rent of KRW 27,000, monthly rent of KRW 5 to 7 years, monthly rent of KRW 5 to 5 years, and monthly rent of KRW 5 years to - heavy - lease margin.”

B. On August 19, 2010, the Plaintiff and the Defendant entered into an amendment agreement under which the terms and conditions of the instant sales contract (Article 13(4) stipulate that “The lease period shall be five to seven years, the monthly rent shall be adjusted five years, and the monthly rent shall be adjusted by ten years, and the monthly rent shall be adjusted by the rate of inflation after five years” (hereinafter “the instant amendment agreement”).

C. On November 1, 2010, based on the agreement on the terms and conditions of the instant sales contract and the amendment agreement, the Plaintiff concluded a lease agreement that leases the instant store to the Defendant with the following contents (hereinafter “instant lease agreement”).

The adjustment of monthly rent, etc. (Article 17) from November 1, 2010 to October 31, 2020 (Article 17) of the management expenses of KRW 27,000,000 (20% per annum of late payment on 12th day of each month) for the monthly rent of KRW 6,000,000 (20% per annum of late payment) for the management expenses (20% per annum of late payment) for the monthly rent of KRW 70,00,000: The adjustment of monthly rent and management expenses shall be made according to the “the rate of increase in the annual rate of price” from the fifth anniversary of each year.

(hereinafter “instant monthly rent adjustment clause”). D.

On November 3, 2015, the Plaintiff requested the Defendant to increase the monthly rent from KRW 27,00,00 to KRW 40,220,560.

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