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Reasons
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(영문) 청주지방법원 2017.03.23 2016나14110
임차권존재 확인 청구의 소
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1. The part concerning the counterclaim in the judgment of the court of first instance is modified as follows.

Plaintiff (Counterclaim Defendant).

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On November 28, 2012, the Plaintiff entered into a lease agreement with Nonparty B and the separate sheet (hereinafter “instant commercial building”) to lease the leased term from April 10, 2013 to April 9, 2016, with a deposit amount of KRW 700 million and KRW 6.5 million (hereinafter “the primary lease agreement”).

B. After the first lease agreement, the Plaintiff and B agreed to change the term of lease orally from June 11, 2013 to June 10, 2016 after the Plaintiff’s occupancy is late at a two-month period.

In addition, the Plaintiff completed the registration of the establishment of chonsegwon in the name of the Plaintiff (hereinafter “registration of the establishment of chonsegwon”) from June 11, 2013 to June 10, 2016, under the Cheongju District Court No. 78340, Jun. 12, 2013, the Plaintiff registered the establishment of chonsegwon in the name of the Plaintiff (hereinafter “registration of the establishment of chonsegwon”).

C. The Defendant: (a) donated the instant commercial building from B on December 26, 2014 and completed the registration of ownership transfer; and (b) on January 9, 2015, the Plaintiff and the instant commercial building are subject to the same condition as the primary lease contract; and (c) on April 10, 2013 to April 9, 2016, the term of lease is “the instant lease agreement”.

D. D.

At the time of concluding the instant lease agreement, the Plaintiff and the Defendant succeeded to all rights and obligations under the first lease agreement as they are. However, only the deposit bank account such as rent, management fee, value added tax, etc. was changed to the Defendant’s account

E. Meanwhile, on January 28, 2016, the Defendant sent to the Plaintiff a content-certified mail stating that the instant lease agreement will be terminated upon the expiration of the period on April 9, 2016. Accordingly, on March 7, 2016, the Plaintiff sent a content-certified mail demanding the renewal of the instant lease agreement to the Defendant and reached the following day.

F. Since then, the Defendant raised 30% of the rent by April 5, 2016 to the Plaintiff by the 9th day of the same month.

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