(영문) 부산지방법원 2019.09.03 2018가단341156

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(영문) 부산지방법원 2019.09.03 2018가단341156

임료증액

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 23, 2014, Nonparty C (hereinafter “the deceased”) entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 50 million, monthly rent of KRW 2.6 million (in addition; hereinafter the same shall apply) and the contract term from January 16, 2015 to January 15, 2017 with the lease deposit amount to KRW 2.8 million, while maintaining the same, Nonparty C (hereinafter “the building in this case”).

B. After that, on December 10, 2018, the deceased’s attorney sent to the Defendant a certificate of content that, on the condition that the existing lease contract would not be renewed, the Defendant would not renew the contract, and that, on the condition that it would be renewed, the Defendant would request that the monthly rent be increased to KRW 100 million.

Accordingly, on December 13, 2018, the Defendant issued a certificate of the fact that the lease contract for the building of this case is governed by the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”), according to the provision that the rent or deposit shall not exceed 5/100 of the above amount, and that the rent or deposit shall not exceed the above amount cannot be increased by more than 5/100, and it is not acceptable to accept the rent increase and the amount of rent increase within the scope of the Commercial Building Lease Protection Act.

C. Meanwhile, even if the Deceased died on October 21, 2018 on or around October 21, 2018, the content certification was sent in the name of the Deceased, and there was a question about the filing of the instant lawsuit as of December 28, 2018 in the name of the Deceased.

As a result, the Plaintiff acquired the ownership of the building of this case due to the inheritance by agreement division.

[Grounds for recognition] The descriptions of evidence Nos. 1, 2, and 3, 1, 2, and 4, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant lease agreement is KRW 2.8 million, as the monthly rent is KRW 50 million, the converted deposit is KRW 330 million pursuant to the Commercial Building Lease Protection Act.

참조조문

-상가건물 임대차보호법

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