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(영문) 서울서부지방법원 2016.05.13 2015나6252
임차료
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Facts of recognition;

A. On June 30, 2010, the Plaintiff acquired ownership in the Seodaemun-gu Seoul Metropolitan Government Officetel (hereinafter “instant collective building”) Nos. 301, 302, 304, 305, 306, 307, 308, and 310.

B. The Defendant, a person who newly constructed and sold the instant collective building, holds ownership of 27 bonds among the sectionalized buildings in the instant collective building.

C. On December 30, 2009, the Defendant entered into a lease agreement between KTT Co., Ltd. and the Defendant on December 30, 2009, to lease the instant aggregate building rooftop 16.5 square meters to a facility installation place, such as telecommunications equipment, and to receive rent of KRW 5.2 million per annum from the said company (excluding value-added tax).

After November 21, 2013, as the above contract was renewed on November 21, 2013, the rent from January 1, 2014 changed to KRW 4.9 million a year.

(1), (2) d.

On October 19, 2009, the Defendant leased 10 square meters on the rooftop of the instant collective building to a facility installation place, such as communication equipment, and entered into a lease agreement between the Defendant and the said company to receive KRW 3 million per annum (value added tax).

After October 20, 2011, as the above contract was renewed on October 20, 201, the rent was changed to KRW 3.3 million per annum on October 20, 201, and the rent was renewed on July 19, 2012, and the rent was changed to KRW 3.6 million per annum on October 20, 2012.

(However, from August 20, 2012 to October 19, 2012, the rent for two months increased by KRW 50,000 per month, and KRW 2-1, 2, 3). E.

On December 2, 2011, the Defendant leased 10 square meters on the rooftop of the instant aggregate building to a place where communications equipment and other facilities are installed, and entered into a lease agreement with the said company to receive KRW 3,300,000 per annum (excluding value-added tax) from November 18, 2011.

After November 20, 2012, as the above contract was renewed on November 20, 201, the rent was changed to KRW 3.630,000 per annum on November 18, 201.

(1), (2), and (3) the basis for recognition.

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