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(영문) 서울고등법원 2018.05.11 2017나2026797

임대차보증금

Text

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.

Reasons

1. The facts below the basis of facts do not conflict between the parties, or recognize Gap evidence Nos. 1 to 4 and Eul evidence No. 1 by adding to the whole purport of the pleadings.

[1] On April 30, 2010, the Plaintiff’s agent C (the Plaintiff’s birth) entered into a contract with the Defendant to lease each real estate listed in the separate sheet from the Defendant (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 65,00,000, monthly rent of KRW 3,100,000 (Additional Tax Division) and the lease period of KRW 5 years from June 7, 2010 to June 6, 2015 (hereinafter “instant lease agreement”).

In the instant lease agreement, the following special agreements were concluded:

1. If the defendant delivers the real estate to the plaintiff to the current facility condition, the plaintiff will repair and use it during the lease period.

2. The defendant shall cooperate so that the plaintiff can repair or rebuild the building in large scale.

3. The monthly rent shall be the subsequent payment; and

The management expenses shall be deemed nonexistent during the lease period, and the public charges (electric charges, gas charges, water charges, cleaning expenses for septic tanks, environmental improvement charges, etc.) in which the actual expenses are incurred shall be borne by the plaintiff.

4. Where a lease contract is terminated, the Plaintiff shall restore the above real estate to its original state and return it to the Defendant.

Provided, That the plaintiff and the defendant may return it to the defendant without restoring to their original status under an agreement, and in such cases, the plaintiff does not claim for beneficial expenses, necessary expenses, etc. against the defendant.

5. In the event that the Plaintiff has failed to pay the rent for more than two months, the Defendant may terminate the instant lease contract without delay.

6. When two years have elapsed from the date of the contract, the Plaintiff shall increase 10% of the rent (monthly rent) and pay it to the Defendant.

7. Where it is impossible to obtain business permission on the above real estate, or to repair or rebuild a building on a large scale, the lease contract of this case shall be null and void, and the defendant shall immediately.