(영문) 서울중앙지방법원 2013.09.27 2010가합133754

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(영문) 서울중앙지방법원 2013.09.27 2010가합133754

임차료 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. On July 16, 2004, the Plaintiff entered into a lease agreement with the Defendant on the condition that part of the ground surface (hereinafter “existing leased object”) and the 3,4,5 floors above ground and parking lots (hereinafter “instant lease agreement”) among the above ground buildings (hereinafter “instant building”) other than Seodaemun-gu Seoul, Seodaemun-gu, Seoul, where Daewoo Construction was newly constructed at the time.

On May 12, 2006, the Plaintiff and the Defendant concluded a contract to partially modify the terms and conditions of the contract (hereinafter “instant modified lease agreement”, including changing the scope of the leased object to part of the first floor, 2,3, and 4 above the ground and adding part of the remaining part of the first floor on the ground to the leased object (the additional part is the east part of the building of this case; hereinafter “additional lease object”). The existing leased object and the ground 2,3, and 4th floor, parking lot, and additional leased object are referred to as “the instant leased object” if they are collectively referred to as “the instant leased object”).

The main contents of each of the above lease agreements are as follows:

[The lease agreement of this case] Article 2 (Indication of Object) (1) The outline of the leased object, which is the basis of this contract, shall be as follows:

Provided, That the object of this lease shall be subject to subparagraph 8, notwithstanding the provisions of subparagraph 4, and where the change of design is accompanied, it shall be the final completed area.

4. Total floor area of the building: 9,027 square meters;

5. Scale: 2nd ground level and 6nd ground level.

7. Uses: Sales and business facilities, movie theaters, and service facilities; and

8. Lease area: on the basis of construction drawings (salong construction drawings) on April 2004, the sales of the first or fifth floor above ground and the business facilities of 4,420 square meters and parking lots of 1,604 square meters;

- The first to the second floor above the ground: 522, whichever is 165 square meters [the 357 square meters “A” is used] - the third to the fourth floor above the ground: 4,255 square meters.

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