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(영문) 의정부지방법원고양지원 2014.10.16 2013가단5605

임차보증금반환

Text

1. The Defendant (Counterclaim Plaintiff)’s Ciplomatic Association C church of a religious organization is KRW 41,255,000 against the Plaintiff (Counterclaim Defendant) and its related thereto. < Amended by Presidential Decree No. 24800, Nov. 5, 2013>

Reasons

1. Basic facts

A. On April 3, 2007, the Plaintiff entered into a lease agreement 1) Defendant B Religious Organization C church (hereinafter “Defendant church”).

) From the real estate listed in the separate sheet, the 4th 149.92 square meters above the ground among the real estate listed in the separate sheet (hereinafter “instant commercial building”).

) The lease deposit was leased KRW 50,000,000, monthly rent of KRW 1,300,000, management expenses of KRW 200,000 (excluding value-added tax on rent and management expenses of KRW 150,000), and the lease term was set from April 23, 2007 to 24 months (hereinafter “instant lease agreement”).

(2) On April 3, 2007, the Plaintiff paid KRW 10,000,000 as the down payment of the instant lease agreement to D, who is the representative of the Defendant church, and KRW 40,000,000 as the remainder on April 20, 2007. On April 20, 2007, the Plaintiff received delivery of the instant commercial building from the Defendant church.

3) The Plaintiff and the Defendant church agreed to change the term of the instant lease from April 30, 2007 to April 30, 2009, taking into account the term of the interior works (the rent was paid on April 30, 2007). After completing the interior works, the Plaintiff commenced an Aminian Institute of E’s “E” in the instant commercial building. (B) On October 29, 2010, the Defendant church sold the buildings indicated in the attached list to Defendant Eardi&A Co., Ltd (hereinafter “Defendant Company”) and received the remainder of sales on May 12, 201.

2) Around March 22, 2011, Defendant Company sent a notice to the Plaintiff that “the purchaser of the instant commercial building has no intent to renew the contract after the expiration of the lease term.” (c) The Plaintiff transferred the instant commercial building to a lessor by May 1, 201. (d) On September 5, 2011, the Plaintiff leased the Dongjak-gu Seoul Metropolitan Government G and the fourth commercial building under the name of Dong Jae-si F, and completed the registration of “H” private teaching institute in the name of F on October 12, 2011, after moving most of the house and the house located in the instant commercial building to another person.

The “E” on the instant commercial building shall be reported on the closure of the center around February 20, 2012.