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(영문) 서울남부지방법원 2018.05.31 2017나65645
임대료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 1, 2015, the Plaintiff entered into a lease agreement with the Defendant and approximately KRW 266.85 square meters (hereinafter “instant commercial building”) under the Yeongdeungpo-gu Seoul Metropolitan Government Building Underground 103, and concluded a lease agreement (hereinafter “instant agreement”) with the Plaintiff, which stipulates the lease deposit amount of KRW 45,00,000,000, monthly rent of KRW 5,731,120 (excluding value-added tax), and the lease period of KRW 5,731,120 (excluding value-added tax), from June 1, 2015 to 60 months (hereinafter “instant agreement”).

The main contents of the instant contract are as follows.

Article 4 Management expenses and public charges to be paid to the building management body shall be responsible and paid by the lessor.

A lessee is not liable for payment.

Article 5 The late payment charge shall be paid by 30% per annum.

When the arrears as prescribed in Article 6 (5) are transferred to two months (month), the unit or fraction shall be cut to the above real estate, and no civil or criminal objection shall be raised against it.

When three months are overdue, the management office may arbitrarily take out or dispose of all movable property, such as a house in the above real estate.

Provided, That profits from the disposal shall be refunded to the lessee for remainder of the preservation of the lessor's losses.

Article 7 Prohibition of Subleting and holding office, and it does not recognize any name premium.

Special Agreement Matters:

1. Deposit shall be received from the former lessee D by succession, and rent unpaid by the former lessee shall be determined to be paid by the new lessee by succession;

B. (1) On May 20, 2013, D set the lease deposit amount of KRW 45,00,000 and monthly rent of KRW 4,439,600 (value-added tax separate, and management expenses until the Plaintiff’s status as custodian is recovered) and the lease period of the instant commercial building from the Plaintiff as 60 months from July 1, 2013.

(2) The Plaintiff was sold the instant commercial building, which was operated in a singing room with a business license as a food service business, in the auction procedure.

On July 8, 2013, the Plaintiff and D et al. changed the business license for the instant commercial building to D et al., and paid KRW 20,000,000 to D et al. and paid KRW 10,000,000 at the time of occupancy, and the contract maturity or date.

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