beta
(영문) 울산지방법원 2018.01.31 2017가단53455

임대차보증금

Text

1. The Defendant’s KRW 603,34 as well as the Plaintiff’s annual rate from April 18, 2017 to January 31, 2018, and the following day.

Reasons

1. On March 2014, the Defendant purchased unregistered and non-licensed buildings C and 2-story buildings (hereinafter “C buildings”) in Yangsan City, a building without permission, and ordered D to undertake repair works on the building.

During the repair work process, the Plaintiff and D agreed to set the cost of repair work for the Defendant and C buildings at KRW 20 million, and the Plaintiff and D agreed to substitute the payment of the lease deposit for KRW 20 million from the Defendant, while leasing the first floor of the C building at KRW 30,000,000,000 from the Defendant.

around that time, the Plaintiff was handed over the instant building from the Defendant.

On November 30, 2014, the Plaintiff drafted a lease agreement (No. 1) with the terms that the Defendant and the Plaintiff lease the instant building by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 700,000,000 from December 1, 2014 to December 1, 2017.

On December 13, 2014, the Plaintiff agreed to change the deposit amount of KRW 15 million between the Defendant and the terms of the above lease agreement with the Plaintiff, and the lessee to the D Co-Lessee. On December 13, 2014, the Plaintiff and D re-established the lease agreement (No. 1-2) with the content of leasing the instant building as KRW 15 million.

On December 15, 2014 and December 19, 2014, the defendant paid 5 million won of the difference due to the change of lease deposit to D.

On July 27, 2015, the Plaintiff agreed to re-revision the terms and conditions of the above lease agreement with the Defendant, and entered into a lease agreement (Evidence A1) with the Plaintiff, setting the lease term from August 1, 2015 to July 31, 2018, with the term of KRW 15 million, KRW 700,000,000,000,000,000,000,000,000,000,000,000,000.

(hereinafter “instant lease agreement”). On April 4, 2016, the Plaintiff: (a) was unable to obtain business registration to open a coffee shop to the Defendant on an unauthorized building; and (b) concluded the instant lease agreement.