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(영문) 인천지방법원 2021.01.21 2020나51153

임차보증금반환

Text

1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below is revoked, and that part is revoked.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of the whole purport of the pleadings as to Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 4, Gap evidence No. 5, Gap evidence No. 7, Eul evidence No. 1, and Eul evidence No. 1.

A. On November 8, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease all real estate and facilities of gas stations listed in the separate sheet (hereinafter “instant lease agreement”) with the lease deposit amounting to KRW 30,000,000, and the lease term from November 18, 2016 to November 17, 2018 (hereinafter “instant lease agreement”).

The matters concerning this case among the special terms and conditions stipulated in the above lease agreement are as follows:

1) When a leased object is sold or sold or returned to the lessor due to the expiration of the lease term, the lessee shall submit to the lessor a document to be submitted to the lessor (the original certificate of petroleum sales business registration, the original copy of completion inspection, such as a dangerous factory, the transfer contract, and each letter of waiver of the lease) along with a certificate of seal impression attached to the lessor 15 days before ordering the lessor to issue an order (hereinafter “instant document submission clause”). 2) The lessor shall conduct a soil contamination inspection within one month after the lease term expires, and issue a report on the result to the lessor.

If soil is contaminated due to the lessee's negligence during the lease period, the normal restoration shall be made at the lessee's expense.

However, if soil has been contaminated due to a defect in the facility caused without due care by the lessee, the lessor shall bear (hereinafter “instant soil contamination inspection clause”) (hereinafter “instant soil contamination inspection clause”). 3) Even if the buyer entered into this contract, he/she may terminate this contract at his/her own discretion if it is found that the previous violation of the petroleum and petroleum substitute fuel business was later confirmed.

B) The current status of the renter in the operation of the gas station.