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(영문) 부산지방법원서부지원 2019.05.03 2017가단106730
월차임 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Basic facts

A. On July 20, 2009, the Plaintiff entered into a lease agreement between the Defendant and Busan (hereinafter referred to as the “instant lease agreement”) with respect to the 75 square meters of the building of the D Factory (hereinafter referred to as the “instant factory”), which is KRW 15 million per month in rent, KRW 1 million per month in rent, and KRW 24 months in rent (hereinafter referred to as the “instant lease agreement”).

Since then, the above lease contract has been renewed as soon as possible.

B. The factory of this case was originally owned by the deceased, and after the deceased died on June 22, 2003, the supplementary intervenor C, the plaintiff, the plaintiff, the F, G, H, I, and J as to the real estate owned by the deceased, including the factory of this case, divided by 3/10, and 1/10, respectively, and the supplementary intervenor C agreed that the supplementary intervenor C, the heir of this case, shall have all revenues equivalent to the rent accruing from the real estate during his existence instead of the inheritance.

(B) On behalf of the Plaintiff, the heir acquired ownership of 3/5 shares of the real estate, which is inherited property on behalf of the Plaintiff, and H agreed that H would transfer ownership of 2/5 shares of the real estate, which is inherited property, on behalf of his/her father, and according to the agreement, the factory of this case was completed by inheritance by agreement between the Plaintiff and H.

C. The lessee of the instant plant, including the Defendant, has paid to the Intervenor the difference under the instant lease agreement with the Plaintiff according to such agreement among the inheritors.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4 (including provisional number), Eul evidence 1, the purport of the whole pleadings

2. Determination:

A. As to the Plaintiff’s assertion, the Defendant, a lessee, bears the duty to pay the Plaintiff the rent calculated at the rate of KRW 1.3 million to KRW 1.4 million per month after July 1, 2017 pursuant to the instant lease agreement. At least, the Plaintiff, a lessee, bears the duty to pay the rent calculated at the rate of KRW 1.3

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