logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.07.20 2016가합82269
임차권존재확인의소
Text

1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of each real estate listed in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On August 5, 2004, the Plaintiff’s mother concluded each lease contract (hereinafter collectively referred to as “instant lease contract”) with respect to the land listed in paragraph (1) of the attached list owned by D and D (hereinafter “instant land”) on a monthly rent of KRW 3,00,00,000, and two-year period, and with respect to the building listed in paragraph (2) of the attached list (hereinafter “instant building”; hereinafter collectively referred to as “instant real estate”), with a deposit of KRW 100,000,000, monthly rent of KRW 3,000,000, and two-year period of each lease contract (hereinafter referred to as “each lease contract”), and operated a restaurant in the instant building. The lease contract with respect to the instant building is to consult with the lessee at the time of new construction of the instant building on a new site, and the lessor is to preferentially lease the new building to the lessee.

‘The special agreement' contains the contents of the special agreement.

B. On August 3, 2006, the Plaintiff: (a) changed the lessee of the instant lease agreement with D to the Plaintiff; (b) entered into each lease agreement with the Plaintiff as KRW 1,700,000 on the instant land; and (c) changed the deposit amount to KRW 100,00,000 on the instant building to KRW 3,30,000 on the monthly basis; and (d) did not include the said special agreement.

Since then, each lease contract on the instant real estate was continuously renewed.

C. D on January 26, 2007, the Defendant donated the remainder of 1/2 shares to the Defendant’s wife E, respectively.

On January 30, 2014, C representing the Plaintiff entered into each of the lease agreements with the Defendant, E, and this case’s land, setting the monthly rent of KRW 1,50,000 (additional rent), one year, one year, and the deposit of KRW 95,00,000, monthly rent of KRW 3,500,000 (additional rent of KRW 3,50,000, and one year, respectively.

However, the lease contract was prepared twice on the above date, and the first written lease contract (No. 1-2) of the building of this case is the proviso.

arrow