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(영문) 서울남부지방법원 2016.04.29 2015가단236312
임관리비 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants concluded a lease agreement (1) The Plaintiff is a company that delegated the right to occupy and use, and to manage and operate the shopping mall in the underground shopping mall located in Seoul Fil Group (hereinafter “instant shopping mall”).

(2) On February 6, 2012, the Plaintiff concluded a lease agreement with Defendant B on the sum of KRW 120 among the instant commercial buildings (hereinafter “instant 120”) of KRW 518,930,00 (Provided, That 408,930,000 among them shall be supplied as security deposit, and KRW 110,000,000 shall be converted into monthly rent) and monthly rent: 64,000 square meters (based on exclusive use area, size of value), and monthly rent conversion under a special agreement; the lease period: one year from the date of completion and occupancy).

Defendant B has been handed over the instant No. 120 until now.

(3) On March 1, 201, the Plaintiff entered into a lease agreement with G on March 1, 201, wherein subparagraph 126 of the instant commercial building (hereinafter “instant 126”) read as “lease deposit: 518,930,000 won: 64,000 won/m2 (201 year, exclusive area standard, additional tax): the lease period: one year from the completion date and one year from the occupancy date,” and the Plaintiff succeeded to the lessee status of each of the instant 126 from H on December 31, 201, and received commercial buildings around that time. Defendant C occupies the instant 126.

(4) On November 29, 2010, the Plaintiff entered into a lease agreement with Defendant D on the lease of Nos. 138 (hereinafter “instant No. 138”) among the instant commercial buildings, with the following terms: 518,930,00 won per month, monthly rent of KRW 64,00 per annum (201, base for exclusive use, additional tax). The lease period: One year from the date of completion and occupancy.

Defendant D has been transferred the instant No. 138 and has been possessed until now.

(5) On November 2, 2009, the Plaintiff is called “No. 140” from 140 to 140 among the instant commercial buildings.

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