(영문) 서울중앙지방법원 2020.09.17 2019가단55812

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.09.17 2019가단55812

재계약거부 및 상거건물 명도 청구의 소

Text

The defendant shall receive KRW 10,060,086 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff purchased the third floor F (hereinafter “instant real estate”) among the apartment buildings E, an aggregate building in Seocheon-gu, Seocheon-gu, Seocheon-si (hereinafter “instant commercial building”), from C Co., Ltd., and completed the registration of ownership transfer on March 15, 201.

B. The sectional owners of the instant shopping mall delegated all of the powers regarding the instant shopping mall lease contract to G Co., Ltd. (hereinafter “G”), and G concluded on October 28, 2008 the following lease agreements on the first to fifth floors among the instant shopping malls with Defendant (H Co., Ltd. before the change).

Article 4 (Term of Lease)

1. The lease term under this contract shall be ten (10) years from the date when the defendant starts to operate the whole of the leased object.

However, even before the commencement of the lease period, if requested by the defendant, G's agent and the defendant, in consultation with the defendant, shall pay the management fee only and the defendant may commence the test work on the object of lease.

2. The lessor and the defendant shall notify the other party in writing of his opinion as to the renewal of the contract no later than 180 days prior to the expiration of the contract term, and if no notice is given, this contract shall be extended on the same five-year basis

Article 8 (Deposit and Rent)

1. The defendant shall pay G the deposit of KRW 11,00,000,000 as the deposit for lease;

2. The Defendant shall pay G as monthly rent 4% of the amount calculated by dividing the annual actual sales by 12 months, 4.5% of the annual sales by more than 250 billion won, and 4.5% of the annual sales by more than 350 billion won, and 5% of the annual sales by more than 350 billion won (excluding value-added tax), and the payment base date shall be the 10th of the following month after the closing from the date of the business of the Defendant, etc. to the last day of each month.

From the conclusion of this Agreement to December 31, 2009, 4% of the actual sales of the preceding month shall be the monthly rent.

C. The instant commercial building is installed with the boundary of the sectioned store and the number display as shown in the attached Form No. 1 as at the time of completion.

유사 판례

-인천지방법원부천지원 2020.12.11 2019가단103937

-의정부지방법원 2017.07.04 2017노197

-서울중앙지방법원 2016.11.09 2014가합503849

-서울고등법원 2016.10.25 2016나2017659

-서울동부지방법원 2015.01.16 2014가합459