logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.06.25 2019가합554637
청구이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 24, 201, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with F on the following terms: (a) the lease deposit is KRW 40 million with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”); (b) the lease period is from November 24, 201 to November 23, 2013 (two years); (c) the lease period is KRW 4480,00 (excluding value-added tax) per month during the first one year; and (d) the next one year is each set at KRW 4680,000 per month (excluding value-added tax).

B. On November 24, 2011, the Plaintiff received delivery of the instant real estate and operated a singing room with the trade name “G”.

C. Since then, the instant lease agreement was renewed, and the Defendants, as F’s children, succeeded to F’s lessor status by inheritance of the instant real estate, following the death of Fman in early 2015.

On September 15, 2015, the Plaintiff and the Defendants renewed the instant lease agreement with the purport of extending the lease term from October 1, 2015 to September 30, 2017.

E. On August 31, 2017, the Plaintiff and the Defendants concluded a renewal contract of the instant lease agreement with the lease deposit amounting to KRW 50 million, KRW 4,435,00 per month (excluding value-added tax) and with the lease term fixed from October 1, 2017 to September 30, 2019, respectively. On May 28, 2018, the Seoul Central District Court rendered a compromise prior to filing a lawsuit regarding the renewal contract of the instant lease agreement as of August 31, 2017, and the main contents of the said protocol of compromise (hereinafter “instant protocol”) are as follows:

1. By September 30, 2019, the respondent (the plaintiff, hereinafter the same shall apply) received from applicants (the defendants; hereinafter the same shall apply) the amount obtained by deducting the overdue rent and the overdue cost, the value-added tax, and the taxes and the public charges from the lease deposit, and at the same time orders the applicants (the real estate of this case) to submit the attached list (the real estate of this case).

Provided, That if the lease is renewed or extended, it shall be renewed or extended.

arrow