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(영문) 의정부지방법원 2015.08.19 2014가단42769

임대차보증금반환

Text

1. The Defendants amounting to KRW 18,541,960 for each Plaintiff, and KRW 5% per annum from September 1, 2014 to August 19, 2015.

Reasons

1. Facts of recognition;

A. On September 12, 2005, the Plaintiff entered into a lease agreement with the Defendants on the second floor above 477 square meters of land owned by Defendant B (hereinafter “instant building”) and renewed the lease agreement with the Defendants, on October 30, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants on a deposit basis of KRW 100 million and KRW 3.3 million of monthly rent (excluding value-added tax). From April 2012, the Plaintiff agreed to deduct the monthly rent from the lease deposit paid to the Defendants and to substitute the payment of rent.

B. On October 24, 2013, the Central Land Tribunal rendered a ruling to expropriate the instant land on December 17, 2013, that the building site of the instant building was designated as a Bogeumjari Housing Project District. In the case of the instant building, the Central Land Tribunal had the project implementer relocate the instant building on December 19, 2013, which is the site of the instant building, and had the project implementer expropriate the instant land on December 17, 2013, and completed the registration of ownership transfer on December 27, 2013 with respect to the instant land, and the Central Land Tribunal transferred the instant building to the project implementer on December 19, 2013, and the project implementer expropriated the instant land on February 11, 2014 with respect to the land owned by the Plaintiff on December 14, 2014.

C. While the Plaintiff did not pay the Defendants the monthly rent from April 2012 to August 31, 2014, the Plaintiff removed the instant building. The Defendants paid value-added tax on monthly rent from April 2012 to March 2014.

[Ground of Recognition] Facts without dispute, and described in Gap evidence 1 to 5 respectively.