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(영문) 서울중앙지방법원 2016.02.03 2015나54898
전대료
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Determination on the cause of the claim

A. 1) On May 31, 2012, the Plaintiff is a commercial building located in Jung-gu Seoul Metropolitan Government B (hereinafter “instant commercial building”).

The term of the Cmanagement body and the term of the contract, comprised of sectional owners, shall be determined from June 1, 2012 to May 31, 2014, and the entrusted management and operation contract (hereinafter “instant entrusted management contract”).

From the time of the establishment of the store, the Plaintiff managed and operated the commercial building of this case. 2) At that time, the period of the contract from the owners of the stores of this case from the first to fourth above ground among the commercial buildings of this case to the fourth above ground was set on a one-year basis, and re-divided the store on each floor. On September 1, 2012, the Plaintiff concluded a sub-lease contract (hereinafter “sub-lease contract of this case”) with the Defendant and the instant commercial building of 96 (hereinafter “instant store”) by setting the rental deposit amount of 13,50,000, monthly rent of 1,350,000 (the value-added tax is separate, and the rent of 10% is the last day of each month) and the sub-lease period from September 1, 2012 to August 31, 2013.

3) Around that time, the Defendant paid KRW 13,500,000 to the Plaintiff the instant sub-lease deposit and possessed the instant store by receiving the delivery of the instant store until the closure of pleadings in the instant trial. [The facts that there is no dispute over the grounds for recognition, Gap evidence 2, Eul evidence 3-1, 2, Eul evidence 3-1, 2, 1, 8, and the purport of the entire pleadings, as a whole.

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the total of KRW 17,820,000 (=1,485,000 value-added tax of KRW 1,350,000 for monthly rent) x 12 months according to the instant sublease contract, barring any special circumstance.

2. Judgment on the defendant's assertion

A. From the beginning of 2013, the Defendant’s assertion on the grounds of uneasiness defense, and the dispute over the management and operation rights of the instant commercial building has deepened between the Plaintiff and the C management body, thereby continuing the instant store.

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