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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation with the purpose of real estate sales business, sales agency business, etc.
The defendant is a juristic person with the purpose of managing and operating airports and developing surrounding areas necessary therefor.
B. On May 30, 2002, the Defendant issued a public announcement of tender for the purpose of concluding a lease contract (hereinafter “instant public announcement of tender”) with respect to the total of 10,482 square meters of one story, 10,092 square meters of two stories, 3,522 square meters of three stories, 28,096 square meters of three stories, and 8,750 square meters of a letter-based parking lot of the office (hereinafter “instant commercial facilities”) in order to select an operator of commercial facilities in Switzerland located within the 2nd office of the International Airport for the Kimpo Airport (hereinafter “instant public announcement of tender”).
C. On July 18, 2002, the Plaintiff was selected as a successful bidder of the instant commercial facility in the said bidding. On January 6, 2003, the Plaintiff entered into a lease agreement with the Defendant regarding the instant commercial facility (hereinafter “instant lease agreement”).
The lease period for the above objects under Article 4 of the instant lease agreement shall be from January 6, 2003 to January 5, 2015.
Article 5 (1) Rent (hereinafter referred to as “instant rent”) shall be paid in advance on a yearly basis, and after determining the rent for the first year (excluding value-added tax), an annual increase by 5% shall be imposed on the rent for the immediately preceding year as follows:
The first year rent = 4,637,692,750 won / 365 days 】 the number of days of use (end of the year in which the contract commences) 】 105% x 3 year rent x 105% x 4 year rent x 105% : the Plaintiff may not request the Defendant to adjust the rent and to reduce the rent, or to compensate for losses, etc. for any changes in the business environment due to a change in the airport operation plan or a decrease in operating income due to the inducement of the same or similar type of business in the surrounding area of the business.
The plaintiff and defendant on February 26, 2003 and the same year
6.9.As a result of partial increase or decrease of the lease area, the lease area shall be as follows: