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(영문) 서울중앙지방법원 2016.02.12 2015가단5177610
임대료
Text

1. The defendant's 5,28,800 won and 55,28,800 won and the amount stated in the "amount claimed" column in attached Table 1 are identical to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an owner who acquired shares of 156,884/845,500 (627 square meters if converted into the area) among the 3,382 square meters in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant site”) from Da, 23, 2011.

around that time, D owned 592,586/845,50 shares remaining after the relocation (as part of the shares was disposed of on August 12, 2015 and owned only 367,745/845,50 shares). The Defendant also owns 30,000/845,50 shares, and the remainder is 66,030/845,50 shares of the apartment owner.

(B) If the shares of the Plaintiff and D are consistent, the shares exceeded 88 per cent of the total amount.

On January 1, 1976, buildings with the first underground floor and the fifth floor above ground (8,125 square meters in total) are newly constructed and existing on the site of this case.

Of the above buildings, the Defendant owns a commercial building on the 1st and the 2nd floor (3,797.45m2 of the exclusive ownership with approximately KRW 46.74% of the entire exclusive ownership; hereinafter “instant commercial building”).

(The third, fourth, and fifth floors are apartments).

On July 1, 2005, a lease contract between D and the Defendant was concluded between the entire site of this case with a rental deposit of KRW 150 million, monthly rent of KRW 25 million, and on July 1, 2010, with a rental deposit of KRW 300 million, monthly rent of KRW 30 million and monthly rent of KRW 30 million.

However, the plaintiff mentioned above A.

As stated in the foregoing paragraph, when a part of the instant building site was acquired, on October 1, 201, a new lease agreement was concluded between the Defendant (the above D was the representative director at the time) and D with the size of 2,370 square meters, and the monthly rent of KRW 23,724,00. On the same day, between the Plaintiff and the Defendant on the same day, with respect to the size of 627 square meters in the instant building site, the rent was KRW 6,276,00 (in addition to value-added tax, the difference between the value-added tax and KRW 30,00,724,000) monthly; the payment date of the rent was the first day of each month; the lease period was from October 1, 2011 to September 30, 2012 (hereinafter the instant lease agreement); and

The instant lease agreement expired on September 30, 2012.

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