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(영문) 인천지방법원 2018.04.25 2017가단34508
임대료등지급
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 9, 2015, the Plaintiff concluded a lease contract between the Defendant and the Defendant for the lease deposit of KRW 180,000,000, monthly rent of KRW 10,373,000, management fee, KRW 3,377,000, and KRW 3,777,000 from April 1, 201 to March 31, 2020 (hereinafter “instant lease contract”). At the time of the lease contract, Article 2(3) of the lease contract provides that “When the lessee wishes to terminate the contract during the lease period or the extension period due to the circumstances, the lessee shall notify the lessor of his/her intention to terminate the contract within three months prior to the expiration of the lease period.”

B. On December 22, 2016, the Defendant notified the Plaintiff that the instant lease agreement was terminated as of March 31, 2017, on the ground that the establishment of a branch school (learning) of a local university or college in the Seoul metropolitan area was not allowed under the relevant statutes, even though the Defendant intended to use the first, second, and sixth above ground as a university learning site of the instant building.

C. However, among the instant buildings, there was a new lessee wishing to rent the sixth floor above the ground, and the Plaintiff and the Defendant entered into a lease alteration agreement (hereinafter “instant modification agreement”) with the following terms around January 5, 2017.

- - Future -

1. The plaintiff and the defendant shall modify the lease articles, deposit, rent, management expenses, and special terms among the lease terms and conditions as follows:

The rent of KRW 10,373,00 per month of the rent of KRW 150,373,000 for 150,370,000 for the 150,365,000 for the 150,365,000 for the underground floor, 2,634,50 for the 3,630,000 for the 1st,2,634,50 for the 630,00 for the 634,50 for the leased article after the change of the classification.

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