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(영문) 인천지방법원부천지원 2016.10.12 2016가합157

임대차보증금반환금

Text

1. Defendant C pays to the Plaintiff KRW 300,000,000.

2. Defendant B is listed in the separate sheet from the Plaintiff.

Reasons

1. The Plaintiff entered into a lease contract with the Defendants on October 12, 201, with regard to the determination of the claim against Defendant C by setting the lease deposit amount of KRW 200,00,000 and the lease term from December 5, 2011 to December 5, 2013; the Plaintiff paid the Defendants the remainder of the lease deposit amount of KRW 180,000,000 on November 25, 201; the said lease contract was renewed between the Defendants and the Defendants on November 25, 201, and the Plaintiff notified the Plaintiff of the extension of the lease deposit amount of KRW 300,00,00 and KRW 300,000,00 from November 25, 201 to December 10, 2015; and there was no dispute between the Plaintiff and the Defendants on the extension of the lease deposit amount of KRW 3000,00,000 and KRW 10,000,00.

According to the above facts, the lease contract renewed by the Plaintiff and the Defendants on November 25, 2013 pursuant to Article 635 of the Civil Act was terminated on March 2, 2016, when one month has elapsed from February 2, 2016 when the Plaintiff, a lessee, notified the termination of the contract. Thus, Defendant C, a joint lessor, is obliged to pay KRW 300,000,000 to the Plaintiff.

2. Determination as to the claim against the defendant B

A. On October 12, 201, the Plaintiff entered into a lease agreement with the Defendants, setting the lease deposit amount of KRW 200,000,000 with respect to the instant real estate, and the term of lease from December 5, 2011 to December 5, 2013. The Plaintiff paid the Defendants the down payment of KRW 20,000,000 on the date of the contract, and the remainder of the lease deposit of KRW 180,00,000 on November 25, 201, does not conflict between the Plaintiff and Defendant B, and comprehensively taking into account the purport of the entire pleadings in the statement in subparagraph 5. < Amended by Presidential Decree No. 27425, Jun. 1, 2016>

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