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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 2, 2009, the registration of ownership transfer was completed in the G Co., Ltd. on November 2, 2009 with respect to C Building D, E, and F (hereinafter “instant commercial building”), a real estate listed in the separate sheet, and the ownership transfer registration was completed in the name of H (hereinafter “H”) on June 9, 2016, and the ownership transfer registration was completed in the future of I Co., Ltd. on the same day.
B. On October 18, 2016, the Plaintiff entered into a lease agreement with H to lease the instant commercial building with the following content (hereinafter “instant lease agreement”). At that time, the Plaintiff paid the lease deposit to H, and registered the instant commercial building with the trade name “J store” at the same time, and operates a health room and a personal TPP business.
Article 3 (Term of Lease) - Article 4 (Lease Deposit) - Article 5 (Rents) - Article 5 (Rents) - Article 15 (Leases), 150,000 won per month for the lessor from October 18, 2016 to July 9, 2019, the lessee shall pay the lessor the expenses for the management of buildings (electric and water supply and drainage fees, and other expenses to be paid by the users of each unit, etc.) for each month.
(2) General management expenses shall be a fixed amount system, and lessee shall pay management expenses (such as cleaning, management service expenses, and other expenses necessary for management services) of a building to a lessor by the end of each month.
Provided, That the date of payment of management expenses may be amended according to the building management situation (management regulations).
Article 18 (Termination of Lease Contract) (1) When the term of lease expires. (2) A lessor and a lessee shall be deemed terminated even during the term of lease if they fall under any of the following subparagraphs:
1. Where any ground referred to in the subparagraphs of Article 19 (2) arises. Article 19 (Amendment and Termination of Contracts) (2) A lessor and a lessee shall be as follows: