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(영문) 울산지방법원 2019.06.13 2018가단75087

임대차보증금

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1. The defendant marks 2, 3, 4, 5, and 2 of the attached Form 2 among the fourth floors of the building listed in the attached Table 1 list from the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a Housing Redevelopment and Improvement Project Association established with the size of 204,123 square meters, such as land located in Ulsan-gu, Ulsan-gu, as an improvement zone pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act

On March 20, 2015, the Plaintiff paid the lease deposit of KRW 30 million and leased the leased object of this case.

B. Around November 10, 201, the Defendant obtained authorization to establish an association and registered the establishment of an association. A project for improving housing redevelopment of the members of the above land promoted by the Defendant was approved and publicly notified on January 11, 2016, and on February 27, 2017, the management and disposal plan was authorized and publicly notified, and on April 6, 2018, the amendment of the management and disposal plan was authorized and publicly notified.

C. Around November 2017, the Defendant completed the registration of ownership transfer on the ground that 15/17 shares of the instant building were acquired through consultation on the land for public use. On December 10, 2018, the Defendant completed the payment of compensation for losses around February 26, 2019 upon the adjudication of the local land expropriation committee of Ulsan Metropolitan City (the date of commencement of expropriation refers to February 28, 2019) with respect to the remaining shares of 2/17 shares in D names.

[Grounds for recognition] Each entry of evidence Nos. 1 through 9 and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff asserted that the lessor of the leased object of this case accepted the leased object of this case at the expense of KRW 9 million with the belief that he would later pay the repair cost to the Plaintiff when the lessor resides in the leased object of this case after accepting it.

The Defendant, as a redevelopment project implementer, succeeded to the status of the lessor by acquiring the ownership of the building of this case.

The Plaintiff seeks payment of the remainder after the termination of the lease agreement and deducting the amount of KRW 8.3 million already received by the Plaintiff from the Defendant among the deposit for lease and the amount of KRW 9 million for the repair cost of the leased object of this case as necessary expenses.

In addition, the defendant shall acquire the land, etc. for the Urban Improvement Act and the public works.