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(영문) 서울중앙지방법원 2013.11.26 2013가합70939

임대차보증금반환

Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 88,400,000 for the Plaintiff and its related expenses on November 20, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts housing construction and sales business, etc., and the Defendant is the owner of B large scale B 711.6 square meters (hereinafter “instant land”).

B. On February 7, 2012, the Plaintiff entered into a lease agreement with the Defendant for the establishment of a model house necessary for apartment sale business with respect to the instant land, including KRW 100,000,000, annual rent of KRW 69,600,000 (prepaid payment), and from April 1, 2012 to March 31, 2014.

C. On February 10, 2012, the Plaintiff reported the construction plan of a temporary building in ASEAN to install a model house on the instant land. On February 20, 2012, ASEAN notified the Plaintiff on February 20, 2012 that it is possible to install a model house after the approval for the apartment sale was difficult, and the Plaintiff applied for the approval for the implementation plan for the apartment sale on April 23, 2012.

On April 3, 2012, the Plaintiff entered into a lease contract with the Defendant to the effect that the lease deposit and the annual rent are as specified in the said lease contract, and that the term of the lease is changed from May 1, 2012 to April 30, 2014 (hereinafter “instant lease contract”), and agreed to the terms of the special agreement as follows:

10. When the rent is delayed on May 1, 2013 for more than 60 days, this Agreement shall be automatically terminated or terminated, and the plaintiff shall immediately remove the building on the ground at the plaintiff's expense and order the defendant to restore it to its original state before lease. The defendant shall pay to the plaintiff the difference after deducting the rent (including delayed rent) calculated by calculating the number of days from the deposit after the lease is restored to its original state.

12. The Plaintiff may not use the instant land only for the purpose of public relations C, and may not use it for any other purpose.

22. The terms and conditions of the contract made on February 7, 2012 shall become void.

E. On May 1, 2012, the Plaintiff paid KRW 100,000,000 to the Defendant and paid the instant land from the Defendant.