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(영문) 서울남부지방법원 2015.12.10 2015가단21718
부동산임대료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 1, 2009, the Plaintiff entered into a lease agreement with Defendant B on a yearly rent of KRW 8,560,000 (i.e., KRW 40,000 per square meter x 214 square meters) with respect to the pertinent land (hereinafter “instant land”) of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul (hereinafter “instant lease agreement”), and the period from March 1, 2009 to 12 months (hereinafter “instant lease agreement”), and received advance payment of rent of KRW 8,560,00.

B. After that, the term of the instant lease agreement was extended and terminated on February 28, 2014. The Plaintiff received from the Defendants a total of KRW 36 million, including KRW 10 million on April 27, 201, KRW 5 million on July 29, 2011, KRW 3 million on January 20, 2012, KRW 600,000 on April 3, 2012, KRW 300,000 on August 22, 2012, KRW 5 million on January 16, 2013, and KRW 36 million on August 14, 2013.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 7, and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff, while entering into a lease agreement with the Defendants on the instant land, agreed that the instant land rent shall be KRW 60,000 per square year from March 1, 2010, and thereafter, 10,000 per annum. The Defendants asserted that the Defendants paid only KRW 36 million out of the total rent from March 1, 2010 to February 28, 2014, and did not pay the remainder of KRW 26,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00

B. Although the Plaintiff, in writing, prepared a written lease agreement on the instant land, could still remain in a way of making an additional entry into an existing lease agreement on the increase of rent, which is the most important content of the lease agreement, the Plaintiff did not make a written agreement and prepare a separate document.

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