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(영문) 수원지방법원평택지원 2016.11.23 2016가단7444
건물명도
Text

1. The plaintiff's conjunctive claim shall be dismissed.

2. The plaintiff's main claim is dismissed.

3. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. According to the evidence evidence No. 1 and evidence No. 2, the Plaintiff: (a) on May 13, 2015, the Plaintiff leased the instant building, which is a commercial building, with the term of KRW 500,000 won, KRW 200,000 per month, and the term of lease from May 20, 2015 to the Defendant (hereinafter “instant lease agreement”); and (b) the Defendant completed business registration with the trade name “C”; and (c) can be recognized that the building of this case, which is a commercial building, is operated as a water source in the instant building.

2. Judgment as to the main claim

A. The Plaintiff asserted that the lease deposit and the rent stipulated in the instant lease agreement are remarkably lower than the surrounding market price. Accordingly, pursuant to Article 11(1) of the Commercial Building Lease Protection Act, the Plaintiff demanded the Defendant to increase the lease deposit amount to KRW 2 million and KRW 230,000 per month.

However, the defendant clearly rejected the plaintiff's request for increase, and the plaintiff expressed his/her intention to terminate the lease contract of this case on the ground of this by means of content-certified mail on June 9, 2016.

In addition, the defendant filed a complaint against the plaintiff, did not pay the repair cost and the water supply fee of the commercial building properly, and made a public bath and intimidation several times, so the lease contract relationship of this case can no longer be maintained.

Therefore, as the instant lease contract was terminated, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent from June 14, 2016.

B. (1) Determination 1) In order to recognize a lessor’s right to demand an increase in rent or deposit, the rent or deposit should be the case where the rent or deposit becomes unreasonable due to the increase in taxes, public charges, other burdens on the leased building, or changes in economic circumstances (Article 11(1) of the Commercial Building Lease Protection Act, and the Plaintiff is the deposit and the difference compared to the surrounding market prices.

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