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(영문) 수원지방법원 2016.05.10 2014나48603
임대료
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff is the owner of the commercial building located in Yeongdeungpo-gu Seoul Metropolitan Government, and around March 2006, the Plaintiff leased part of the above commercial building (hereinafter “instant lease”) to the Defendant (hereinafter “instant lease”), and the instant lease contract was implicitly renewed until 2012.

B. On May 30, 2012, the Plaintiff sold the entire commercial building including the instant store to D, etc. and completed the registration of ownership transfer.

The amount that the Defendant paid to the Plaintiff from March 2006 to May 30, 2012 is KRW 16.2 million.

C. On November 6, 2012, the Plaintiff sent to the Defendant a certificate of content that seeks the payment of unpaid rent of KRW 13 million. On November 14, 2012, the Defendant issued to the Plaintiff a certificate of content that the Defendant refused to succeed to the lease agreement and sought the return of the lease deposit and the rent of KRW 1.4 million additionally paid.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 4, 5, Eul 2, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. On March 2006, the Plaintiff leased the instant store to the Defendant’s parents of KRW 400,000 per month without a lease deposit. On October 2006, the Plaintiff concluded a lease contract with the Defendant’s name of KRW 5 million and KRW 400,000 per month.

However, since the defendant delayed to pay the rent of KRW 1.8 million in 2006, KRW 2.8 million in 2007, KRW 3.2 million in 2008, KRW 2.2 million in 2009, KRW 2.8 million in 2010, KRW 2.6 million in 2011, and KRW 14.6 million in 201, the above overdue rent should be paid to the plaintiff.

B. On March 1, 2006, the Defendant leased the instant store from the Plaintiff KRW 3 million, monthly rent of KRW 200,000,000 from the Plaintiff, and paid the instant store exceeding KRW 1.4 million until the Plaintiff lost its ownership.

The defendant has lost its ownership.

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