(영문) 수원지방법원성남지원 2020.09.22 2019가합404924

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(영문) 수원지방법원성남지원 2020.09.22 2019가합404924

임대차관계존부 확인의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a stock company with the purpose of real estate sale and lease business, and the Plaintiff is a person who leases real estate from the Defendant and operates the KIKO in the name of “H store” from August 25, 2017 as follows:

B. On March 16, 2017, the Plaintiff entered into a lease agreement with the Defendant, providing that “The Plaintiff shall lease from the Defendant during the period from April 30, 2017 to April 30, 202, the Plaintiff shall lease the 9th floor of the 11,00,000,000 of the 10th unit of the 1st,00,000 of the 1st,00 of the 1st,00 of the 1st,00 of the 1st, Seongbuk-gu, Sungnam-si, with a special agreement stipulating that “The rent shall be adjusted every two years in accordance with the Lease Protection Act.”

On July 1, 2017, the Plaintiff entered into a lease agreement with the Defendant to change the leased object to d, E, F, and G (hereinafter “the leased object of this case”), to 90,000 won, to reduce the deposit amount to 90,000 won, and to change the rent to 9,420,000 won (excluding value-added tax) (hereinafter “the lease agreement of this case”).

C. On February 18, 2019, while the Plaintiff was operating a business with the delivery of the leased object under the instant lease agreement, there was a significant change in economic situation, such as an increase in the minimum wage, and the difference between neighboring commercial buildings was lower, and considering the situation of the commercial zone, such as the occurrence of a public room, etc., the Plaintiff filed a claim for the reduction of the rent pursuant to the special agreement, etc. of the instant lease agreement by content-certified mail on the ground that the rent is too high under the instant lease agreement, and the said written statement reached the Defendant on February 19, 2019, and the Plaintiff filed a claim for the reduction of the rent for the same purpose on March 22, 2019, but the Defendant rejected the reduction of the rent.

[Reasons for Recognition] If there is no dispute, and there are evidence Nos. 1, 2, 3, and 9, each number shall be included.

유사 판례

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