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(영문) 창원지방법원통영지원 2016.03.03 2015가단20598

임대차보증금

Text

1. The Defendant shall pay to the Plaintiff KRW 13,130,768 as well as 5% per annum from March 17, 2015 to March 3, 2016 and from the next day.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) completed the registration of initial ownership on February 3, 1983 as the receipt No. 20666 on February 3, 1983, with respect to the three-story stores and housing (hereinafter “the instant building”).

B. On October 1, 2006, the Plaintiff entered into a lease agreement with the Deceased on the lease deposit of KRW 1,50 million, monthly rent of KRW 1,100,000,000, and from October 1, 2006 to October 1, 2009, and operated a restaurant on the instant real estate.

C. The Deceased died on October 8, 2008, and the Plaintiff agreed with the Defendant, the wife of the Deceased, to extend the term of the instant lease agreement for three years from December 1, 2009.

Around October 2012, the Defendant demanded that the Plaintiff increase the lease deposit of the instant lease to KRW 50 million. Accordingly, the Plaintiff transferred KRW 35 million to the Defendant on October 25, 2012.

(hereinafter referred to as “instant lease deposit”) KRW 50 million. E.

Meanwhile, around October 2012, the Defendant demanded the Plaintiff to increase the monthly rent of KRW 1.5 million. Accordingly, the Plaintiff paid 1.5 million to the Defendant each five months from October 1, 2012 to February 28, 2013.

F. On November 7, 2014, the Defendant completed the registration of ownership transfer on the instant building due to inheritance due to a consultation and division as of October 8, 2008.

G. On December 23, 2014, the Plaintiff sent the content-certified mail demanding the Defendant to terminate the instant lease agreement and return the instant lease deposit by December 30, 2014.

(h)..