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(영문) 대구지방법원 2019.07.04 2018나305428
차임증액
Text

1. The judgment of the first instance, including the claim that the Plaintiff changed in this court, is modified as follows.

Reasons

1. Basic facts

A. On January 28, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with regard to the land of 5,677 square meters in Daegu Northern-gu (hereinafter “instant land”). On March 4, 2011, the instant land was divided into D large 2,344 square meters and E large 3,333 square meters in size (hereinafter “instant lease agreement”).

Article 2 (Deposit and Monthly Rent) The Defendant shall pay the Plaintiff KRW 300,000,000 with the deposit for the instant land, and the monthly rent shall be KRW 25,00,000 to the Plaintiff.

(Separate Value-Added Tax at the time of issuance of tax invoices). Article 5 (Payment of Rent) Rent shall be paid every month by the end of the relevant month.

However, if a lease is made or is ordered in the middle of a month, rent shall be paid in proportion to the number of days.

Provided, That the monthly rent shall be calculated from the date the defendant's business commencement date (open date on the store) or the date five months after the contract date, whichever comes first.

Article 7 (Increase or Decrease of Rent) Where a renewed contract is made after the expiration of the contract period, if the rent is inappropriate due to price fluctuations, etc., the rent shall be adjusted by mutual consultation.

In addition, the plaintiff will give the defendant the right to preferential negotiation on the lease contract after the expiration of the contract term.

Article 8 (Term of Validity of this Agreement) The term of validity of this Agreement shall be five years from the initial date of the monthly rent ( June 24, 2011).

Provided, That if the target real estate is not included in the apartment unit development plan at the time of the expiration of the five-year contract period, the contract period shall be automatically extended for two years under the same conditions as this contract.

B. After the conclusion of the instant lease contract, the Defendant newly constructed two buildings on the board of the general steel structure in the instant land, and operates an electronic equipment sales store in the name of “F agency”.

C. On March 22, 2016, the Plaintiff issued the instant land to the Defendant by March 31, 2016.

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