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(영문) 의정부지방법원고양지원 2016.03.10 2015가단1393

손해배상 및 보증금반환

Text

1. The defendant is the defendant's living facilities with three floors from the plaintiff, Yangyang-gu, Yangyang-gu C ground, Jeonyang-gu C ground, Preamble C ground living facilities.

Reasons

Basic Facts

On October 6, 2010, the Plaintiff entered into a lease agreement with D, with respect to the one-story 86.70 square meters (hereinafter “instant store”) among the three-story buildings on the land of Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul (hereinafter “instant store”). From October 18, 2010 to October 17, 2012, the Plaintiff entered into a lease agreement with D to lease KRW 30,000,000 for the term of lease from October 18, 2010 to October 17, 2012.

On October 19, 201, the Defendant completed the registration of ownership transfer with respect to the instant store under the foregoing lease agreement and succeeded to the lessor’s status.

Conciliation Provisions

1. The Plaintiff shall pay the Defendant the monthly rent of KRW 1,00,000 (excluding value-added tax; hereinafter the same shall apply) from April 1, 2013 to the time when the order of the instant store is given.

3. The defendant shall succeed to the status of the tenant of the store of this case and actively cooperate in collecting the premium.

4. For the purposes of the foregoing paragraph (3), the Defendant shall enter into a lease contract within the scope of KRW 30,00,000 between a person who succeeds to the status of a lessee and KRW 1,090,000 per month from November 1, 2013 to October 31, 2014, and KRW 1,090,00 per month from November 1, 2014 to October 31, 2015.

5. Where the Plaintiff continues to conduct business in the instant store without succeeding to the status of a lessee, the rental deposit shall be KRW 30,000,000, and the rent shall be KRW 1,090,000 each month from November 1, 2013 to October 31, 2014, and the rent shall be KRW 1,180,00 each month from November 1, 2014 to October 31, 2015. < Amended by Presidential Decree No. 25787, Nov. 31, 2014>

From July 2012, the Defendant attempted to enter into an agreement with the Plaintiff to increase the deposit and rent for the instant store from around July 2012, and upon filing an application for mediation with this court on April 1, 2013, mediation was concluded, and the main contents thereof are as follows:

(hereinafter referred to as the "Adjustment of this case". Despite the above adjustment, the new lease contract for the store of this case was not concluded, and thus the plaintiff continued to engage in the business during the renewal of the lease contract of this case, the service of a copy of the complaint of this case to the defendant.