보증금반환
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. The facts of the claim (1) as the owner of the building of the first floor retail store in Suwon-si D, Suwon-si (hereinafter “instant building”), the Defendant entered into a lease agreement with the Plaintiff (hereinafter “instant first lease agreement”) on April 1, 2002, setting the term of lease from April 1, 2002 to March 31, 2004, with the term of lease deposit of KRW 10 million, monthly rent of KRW 605,000 (including value-added tax), and received the said lease deposit from the Plaintiff on the same day, and thereafter reduced the said rent of KRW 580,000 per month at the Plaintiff’s request.
(2) On November 18, 2005, the Defendant concluded a lease agreement with the terms that part of the instant building (other than the object of the instant lease contract) was leased to the Plaintiff A from November 23, 2005 to November 22, 2007, with a rental deposit of KRW 3 million, monthly rent of KRW 462,00 (including value-added tax) (hereinafter “instant second lease agreement”), and on the same day, received the said lease deposit from the Plaintiff, and thereafter reduced the said rent to KRW 450,00 per month at the Plaintiff’s request.
(3) Plaintiff B operated “E” in the subject matter of the instant lease contract, and Plaintiff A operated “F” in the subject matter of the instant lease contract.
(4) The instant building was included in the subjects of housing redevelopment projects promoted by the “G Housing Redevelopment and Improvement Project Cooperatives” while the instant First and Second Lease Agreements were explicitly renewed several times, and the said Union publicly announced on October 20, 2017 to move to its members, including the Defendant, by April 6, 2018.
(5) On March 19, 2018, Plaintiff B agreed with the said union to move to another place on the condition that Plaintiff B would receive KRW 28,00,660 as the compensation for business suspension of the said “E”, and Plaintiff A would move to another place on the same day on the condition that Plaintiff A would receive KRW 25,446,660 as the compensation for business suspension of the said “F”.