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(영문) 의정부지방법원 2016.11.16 2015가합52654
임대료(증액) 청구의 소
Text

1. Of the instant lawsuit, the part regarding the claim for payment of money after August 18, 2016 shall be dismissed.

2. The defendant shall make the plaintiff 5,301.

Reasons

1. Basic facts

A. On March 15, 2012, the Defendant leased the instant building from C, D, E, F, and G (hereinafter “C”) with a deposit of KRW 1.3 billion, KRW 14,770,00 per month, KRW 14,70,00 per month, and KRW 25 (after payment), and the period from August 30, 2012 to July 30, 202 (hereinafter “instant lease agreement”).

B. Paragraph 6 of the Special Agreement on the instant lease agreement provides that “The rent may be adjusted by consultation according to the rate of price increase from three years to three years.”

(hereinafter referred to as the “instant special agreement”). C.

C and four others completed registration of preservation of ownership on the instant building on May 10, 2012, and on June 18, 2012, the Defendant established a right to lease on a deposit basis (hereinafter “right to lease on a deposit basis”) with the deposit as the deposit for lease on a deposit basis until May 10, 2012.

C On January 25, 2013, on the 28th day of the same month, due to the division of the common property, C transferred its entire shares to D, E, F, and G (hereinafter “D et al.”).

E. On January 23, 2014, the Plaintiff: (a) purchased the instant building from D and three others; (b) decided to succeed to the instant lease agreement on the same condition; and (c) registered the ownership transfer of the instant building on February 10, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 4 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff 1’s assertion that the parties concerned are able to coordinate the rent according to the price increase rate from the third year to the lease agreement of this case, thus claiming the increase of rent based on the above lease agreement or the right to claim an increase or decrease in rent under Article 628 of the Civil Act.

Therefore, from September 1, 2014 to June 30, 2016, the Defendant calculated by deducting KRW 14,770,000 from the reasonable monthly rent for the pertinent period, the total amount of KRW 8,896,892, which was paid to the Plaintiff, from the reasonable monthly rent for the pertinent period, and the date on which the Plaintiff occupies the instant building from July 1, 2016.

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