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(영문) 수원지방법원안양지원 2015.04.02 2014가단100465
부동산인도청구 등의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 28, 2011, C Co., Ltd. (hereinafter “Nonindicted Company”) leased a deposit of KRW 50 million, monthly rent of KRW 260,000,000 (excluding value-added tax), and from June 30, 201 to June 30, 2016, the Defendant agreed to adjust the rent two years after the lapse of the five-year rental period.

(hereinafter “instant primary contract”). B.

On May 25, 2012, Nonparty Company: (a) additionally leased No. 301 of the building E to the Defendant as KRW 10 million and KRW 1.7 million per month; and (b) agreed that the term of lease and special terms and conditions are the same as the instant first contract.

(hereinafter referred to as “the second contract of this case” and collectively referred to as “the stores of this case” of this case 301 to 306 leased by the Defendant

A person shall be appointed.

C. The Plaintiff purchased the instant stores and completed the registration of ownership transfer in the name of the Plaintiff on October 25, 2012.

On April 23, 2013, the Plaintiff notified the Defendant of the fact that the total amount of deposit KRW 60 million under the instant first and second contracts was KRW 78 million, and the total amount of KRW 4.3 million was KRW 5.8 million, but the Defendant paid only KRW 4.73 million (including value-added tax) thereafter.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion is that the Defendant is obligated to pay the rent adjusted from July 1, 2013, when two years have elapsed since the date of the instant first contract, and the adequate rent is KRW 5,681,00 per month (i.e., rent of KRW 4,204,00 for the instant parking lot site, including value added tax, KRW 6,249,100, including rent of KRW 1,477,000 for the instant parking lot site, and KRW 28,862,90 for the Plaintiff. Thus, the Defendant is obligated to pay the Plaintiff the rent of KRW 28,862,90 for the Plaintiff (amounted rent of KRW 6,249,100 for the increased rent of KRW 6,730,00 for the previous payment of KRW 4,730,00 for the period from July 1, 2013 to January 31, 2015).

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