beta
(영문) 창원지방법원통영지원 2015.09.10 2014가단3053

임대차보증금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 14,230. 230.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. C completed the registration of ownership transfer as of June 23, 2003 with respect to D reinforced concrete structure, cement brick structure sloping roof, neighborhood living facilities, housing and parking lot 328.80 square meters, 2 stories 369.90 square meters, 328.65 square meters on three floors, 149.30 square meters on underground floor (hereinafter “instant building”). < Amended by Presidential Decree No. 23813, Jun. 23, 2003>

B. Around June 2006, the Plaintiff entered into a lease agreement with C to lease approximately 50,000 square meters (hereinafter “instant real estate”) on the same floor of the first floor of the instant building with the lease deposit of KRW 30,000 won, monthly rent of KRW 80,000,000, and five years, respectively.

C. The plaintiff was above B.

Since the conclusion of the lease agreement stated in the subsection, studio 8 partitions (the size and structure are as shown in the attached Form) in the real estate in this case, and it has been sub-leaseed to the third party and paid monthly rent to the third party.

On May 29, 2011, the Plaintiff changed between C around 2011.

Upon agreement renewal of the lease agreement stated in subsection (a), the lease agreement was concluded with respect to the instant real estate at issue (hereinafter “the lease agreement”). The lease agreement was concluded between June 7, 2011 and June 6, 2016, which was concluded between June 30,000 won (hereinafter “the lease agreement”).

E. The Plaintiff and C concluded the instant lease agreement and set the following terms as a special agreement:

A lessor may not claim the premium for facilities at the expiration of the contract period.

It is not possible to claim the change of use to the lessor for multi-household use as agreed to be used for the current official purpose.

In other words, it is used continuously for the current purpose.

Upon the expiration of the contract, the lessee shall restore the lease to its original state and transfer it to the lessor.

If the monthly rent is not paid for at least two months, the lessee may not claim the terms and conditions of this Agreement.

The lessee shall enter into this contract.