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(영문) 대구지방법원 2020.08.27 2019가합1842
임차권존재확인
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (Co., Ltd. prior to the mutual change) is a company aimed at manufacturing and selling clothes and wholesale and retail sales business, and the Defendant is a company that aims at constructing and operating urban railroads.

B. In order to expand subway convenience facilities, the Defendant changed the area of a Dong-type store into 482.2 square meters from 482.2 square meters to 484.6 square meters, such as the indication of the attached drawing, through a modified contract on June 5, 2009, among the 3 large rooms with the third underground floors in the C history.

In order to use the store and the book store as a shopping mall (hereinafter referred to as “dong store”), the open bid was conducted to invite lessee to use the store and the book store as a shopping mall, and the Plaintiff participated in the said bidding and was awarded a successful bid.

C. On March 4, 2009, the Plaintiff entered into a lease agreement with the Defendant on the terms of the contract from March 4, 2009 to June 3, 2014 (including three months of the construction period), the contract price of KRW 360,00,000, and the monthly rent of KRW 60,000, in order to operate a clothing sales business at the instant commercial building, and entered into a lease agreement with the Defendant on the terms of the contract amount of KRW 360,000,000, in equal installments for 60 months, and began

The plaintiff and defendant are as of June 5, 2009.

8.5. Conclusion of a contract to change the term of the contract which may be extended after the expiration of the term of the lease from three to five years as follows:

The term of contract under Article 3 (Period of Contract) of the Act from March 4, 2009 to June 3, 2014 after the change of the contents before the date of the contract was made shall be from March 4, 2009 to June 3, 2014 (including the period of three months for the creation of a collective commercial building). Where there is no breach of contract during the term of contract, etc., the term of contract under Article 3 (Period of Contract) of the extension of three years shall be from March 4, 2009 to June 3, 2014, and where there is no violation of contract during the term of contract, five years (including four months for the formation of a group) shall be extended on August 5, 2009 if there is no violation of contract during the term of contract, etc.

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