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(영문) 대구지방법원 2016.02.23 2015가단123280
건물명도
Text

1. The defendant shall be the plaintiff.

A. From January 1, 2016 to the delivery date of each real estate listed in the separate sheet, 5,720.

Reasons

1. On October 24, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 200 million, KRW 5.2 million per month, and the lease term of KRW 5.2 million from November 30, 201.

Paragraph (4) of the instant lease agreement provides that “The rent shall not be changed from November 30, 201 to May 29, 2015, and shall be agreed upon by both parties thereafter.”

[Ground of recognition] Unsatisfy, Gap evidence No. 1

A. Underpaid rent 1), the Plaintiff’s monthly rent was lower than the market price, and the period of the lease agreement was sufficient, and the Defendant agreed to raise the monthly rent from May 30, 2015. As such, the Defendant shall pay an amount of KRW 7 million per month from May 30, 2015 to December 31, 2015. Therefore, the Defendant is obliged to pay the amount of KRW 40,040,000 paid by the Defendant among the rent of KRW 61.6 million from May 30, 2015 to December 31, 2015 (7.7.8 months), and to pay the amount of KRW 7.7 million from the next day to the delivery date of each of the instant real estate at his/her own discretion as the Plaintiff’s agreement on whether to increase the rent of KRW 40,560,000 from May 30, 2015 to May 30, 2015.

Even if the Plaintiff claims an increase in the rent pursuant to Article 11 of the Commercial Building Lease Protection Act, first of all, the said Act shall not be applied since the deposit for the lease of this case was KRW 200 million or KRW 5.2 million per month, and even if the said provision is applied, the mere fact that the Plaintiff claims that the lease contract of this case was applied is the requirements stipulated in the said provision, i.e., taxes and public charges on the leased building.

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