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(영문) 서울중앙지방법원 2017.09.27 2016가합546192
손해배상(기)
Text

1. The Defendants jointly share KRW 928,330 to the Plaintiff and 5% per annum from August 24, 2017 to September 27, 2017.

Reasons

1. Basic facts

A. The Defendants are co-owners of each real estate listed in the attached list of real estate (hereinafter referred to as “instant aggregate building”) and real estate listed in paragraph (1) of the attached list of real estate is “the first floor of the instant building” and “the second floor of the instant building” as stated in paragraph (2) of the attached list of real estate.

On the first floor of the building of this case, there are one room for male and female, and the second floor is a double-story structure connected to the first floor, which can be access only to the interior stairs of the first floor, and the toilets are not installed separately.

The first floor and the third floor above the ground (excluding the rooftop floor) of the instant building are installed with toilets for each floor.

B. On August 22, 2014, the Plaintiff entered into a lease agreement with the Defendants on the first and second floors of the instant building, with the lease deposit of KRW 800,00,000, monthly rent of KRW 17,000 (excluding value-added tax), management expenses of KRW 6,00,000 (excluding value-added tax), and from September 1, 2014 to December 31, 2019 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid the Defendants KRW 800,000,000 as the lease deposit.

The main contents of the instant lease agreement are as follows.

(hereinafter below, “A” and “B” mean the Plaintiff respectively. Article 5 (Management and Maintenance Expenses) of the instant lease agreement of this case

1. Monthly management expenses shall be paid to the lessor by the tenth day of each month on the whole of the leased items of daily gold (excluding 6,000,000/value-added tax).

Provided, That the method of calculating all the expenses, such as electricity charges, parking fees, GAS, public holidays and after work hours, and operating water supply fees, which are not included in the fixed management expenses, shall be determined by the ratio of the leased area or by the lessor and the custodian.

Article 6 (Adjustment of Rental Deposit, Rent, and Management and Maintenance Cost)

1. The lessor may adjust the rent and the cost of managing and maintaining the lease in the following cases:

The adjusted rental deposit, rent, and management and maintenance cost shall be.

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