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(영문) 대구지방법원 2018.03.23 2016가단111451
차임증액
Text

1. As to KRW 282,94,683 and KRW 246,670,00 among the Plaintiff, the Defendant shall start from March 1, 2018 to March 23, 2018.

Reasons

1. Basic facts

A. On January 28, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant land, setting the lease deposit of KRW 300 million, monthly rent of KRW 25 million (excluding value-added tax) and the lease period of KRW 5 years from June 24, 201.

(b) Article 7 (Increase or Decrease of Rent) of the instant lease agreement shall re-Adjustment of a rent through mutual consultation when the rent is inappropriate due to price fluctuations, etc. in the case of a re-contract after the expiration of the contract period.

In addition, "A" means the preferential bargaining right to a lease agreement after the expiration of the contract period to "B";

Article 8 The effective period of this Agreement shall be five years from the initial date of the monthly rent ( June 24, 2011).

However, if the target real estate is not included in the apartment district development plan at the time of the expiration of the five-year contract period, the contract period is automatically extended for two years under the same conditions as this contract.

C. After the conclusion of the instant lease agreement, the Defendant newly constructed two buildings on the board of the general steel structure in the instant land, and operates an electronic equipment sales store in the name of “F agency”.

On March 22, 2016, the Plaintiff requested the Defendant to express his/her intent as to whether to increase the monthly rent of the instant land by March 31, 2016, and accordingly, the Plaintiff finally requested to increase the monthly rent of the instant land in KRW 85,00,000 from June 25, 2016 to March 31, 2016.

[Ground for recognition] Unsatisfy and entry of Gap evidence 5

2. As of the lapse of five years after the conclusion of the instant lease agreement, the head of the State shall have a large land price.

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