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(영문) 대전지방법원천안지원 2020.03.19 2019가단111154
월차임증액 청구의 소
Text

1. The defendant

(a) Of the buildings listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 4, 5, and 1;

Reasons

1. Facts of recognition;

A. On May 29, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting forth a lease agreement between the Defendant by setting the lease deposit amount of KRW 50,00,000, monthly rent of KRW 2,00,00 (excluding value-added tax), and the lease period from July 1, 2017 to June 30, 2027, which is set forth in the separate sheet Nos. 1, 2, 3, 4, 5, and 1 among the buildings listed in the separate sheet.

(hereinafter “instant lease agreement”). B.

On May 2019, the Plaintiff requested that the Defendant pay the rent of the instant lease amounting to 10% per month from June 2019 to KRW 2,420,000 (including value-added tax). However, the Defendant paid the rent of KRW 2,200,00 per month including value-added tax up to September 2019, but is still in arrears from October 2019.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-3 (including a provisional number), the purport of the whole pleadings

2. The Plaintiff demanded the increase in the rent of the instant lease agreement pursuant to Article 628 of the Civil Act. The Plaintiff demanded the increase in the rent of the instant lease agreement from July 1, 2019 to December 1, 2019, and the rent of KRW 2,310,00 (including value-added tax) was increased by 5%, but the Defendant did not pay KRW 330,000 out of the rent increased from July 1, 2019 to September 2019, and KRW 6,930,000 in the aggregate of the rent increased from October 20 to December 2019. Accordingly, the Plaintiff terminated the instant lease agreement on the grounds of the delay in rent of at least three years, and the Defendant’s claim for the increase in rent of the instant commercial building from KRW 7,260,300,300 to December 30, 200, 200, 300, 2010.

3. Determination

(a) If the rent previously agreed upon by the parties has become unreasonable due to increase or decrease in the public charges imposed on the object leased or any other change in the economic situation, either party shall increase or decrease the rent for the future.

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