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1. The judgment of the first instance court, including a claim extended or reduced in the trial, shall be modified as follows:
Reasons
1. Basic facts
A. Defendant C management body (hereinafter “Defendant C management body”) is an organization composed of all sectional owners of the above building, the purpose of which is to carry out the projects on the management of the building site and its appurtenant facilities Dongdaemun-gu Seoul Metropolitan Government and the building site and its appurtenant facilities.
B. On July 8, 2005, the Plaintiff leased 63 stores (hereinafter “instant 63 stores”) in total from Codefendant B Codefendant Co., Ltd. (hereinafter “B”) of the first instance trial, representing each sectional owner of the above 1st floor shopping mall (hereinafter “instant shopping mall”) as 36 months from the date of moving into the lease term, 5 million won per one shop, and 315 million won per deposit, monthly rent, 7140,000 won including electric power and water supply fees, etc. (excluding value-added tax) and 71,00,000 won (excluding value-added tax).
(hereinafter referred to as the “instant lease agreement.” The Plaintiff and B determined that “the Plaintiff shall rent the entrance store (No. 129) of subways, if necessary, through a supplementary contract on the same day. The management expenses, including monthly rent, electricity fee, and water fee, shall be imposed from August 1, 2005, and monthly rent and management expenses shall be determined by mutual agreement in consideration of the price increase rate, etc. at the time of the renewal.”
C. The Plaintiff, from August 1, 2005, exempted the Plaintiff from 36 months from the date of moving into the lease term, and the lease deposit and monthly rent from No. 128, which are the stores and common parts of the instant commercial building No. 13, from the date of August 1, 2005. The management expenses are determined and leased by the Plaintiff
Of the instant commercial buildings, the Plaintiff’s store No. 14 from G on July 21, 2005, the store No. 16 from H on July 23, 2005, the store No. 15 from H on August 1, 2005, the store No. 17 from J on August 1, 2005, the store No. 18 from K, the store No. 51 from L, and the store No. 52 from M respectively.