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(영문) 인천지방법원 2020.02.05 2019나58202
관리비
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. At the time of December 1, 2006, C’s father D leased KRW 110 out of the second floor of the instant building to E, setting the lease deposit amounting to KRW 320,000,000, monthly rent of KRW 700,000, and five years for the term of lease, and E used the leased portion for the purpose of dental hospital.

B. D’s death on December 7, 2009, C succeeded to the instant building. The Plaintiff’s wife F acquired ownership of 1/4 shares in the instant building on July 12, 201, and the Plaintiff’s ownership of 2/20 shares in the instant building on January 14, 201.

As a result, the Plaintiff owned 2/20, and C and F owned 9/20 shares, respectively.

C. Meanwhile, with C’s consent on March 25, 2010, E set the rental deposit of KRW 320,00,000, monthly rent of KRW 550,000, and the lease period of KRW 550,00, and sub-lease the instant lease portion (hereinafter “instant sub-lease”) to the Defendant (hereinafter “the instant sub-lease”) and raised the rent of KRW 660,00 on March 25, 2012.

After that, the Defendant transferred the leased portion of the instant case from E to January 2018, operated a dental hospital with the trade name of “G”.

However, on December 16, 2014, for the repair and reconstruction of the instant building, C and the Plaintiff filed a lawsuit against the Defendant on the ground that the period of the instant sub-lease expires on March 25, 2015, such as the name map of the building at the Incheon District Court.

(Dacheon District Court Branch 2014Gadan50786). e.

After that, for the repair and reconstruction of the building of this case between the defendant around March 2015, the plaintiff is entitled to deposit KRW 50,000,000, the rent of KRW 1,800,000 for the repair and reconstruction of the building of this case (excluding value-added tax and management expenses) and the period from the inside and outside of the building.

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