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(영문) 전주지방법원 2017.11.17 2016나11144
보증금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

In fact, the Defendant is the owner of one half of each of the buildings on the land and 271 square meters in Kim Jong-si (hereinafter “instant building”), which are indicated as “31.7 square meters for business of a wooden bridge roof, 24.79 square meters for 2nd floor, 24.79 square meters for 2nd floor and 24.79 square meters for 2nd floor.” However, the Defendant is the owner of one half of each of the buildings in question, which are not in actual status.

The building of this case, in turn, is indicated in the attached Form 1, 2, 3, 4, 5, 12, 9, 10, 11, and 1, as indicated in the attached Form 5, 6, 7, 8, 9, 12, and 5, as well as the 10, 9, and 8 items of the section (unauthorized part) connected to the ship. In addition, there was a part (unauthorized part) of the width (unauthorized part) connected in order to each point of 10, 9, and 8 of the same Table.

Under the condition that both the permitted and unauthorized parts of the instant building were in existence, the Plaintiff leased the instant building (hereinafter “instant lease agreement”) from the Defendant on June 7, 2013 (with respect to the scope thereof, there is a dispute between the parties). The main contents are as follows.

On the same day, the Plaintiff paid the Defendant a total of KRW 10 million with lease deposit and annual rent.

1. Location of indication of real estate: Building C in the case of Kim Jong-si: One square column for a wooden-story store;

2.In the lease of the above real estate in section 1 of the terms of the contract, the lessee will pay the deposit and rent as follows:

Deposit: Any balance of KRW 5 million: 10 million (temporary payment) shall be paid on June 7, 2013.

The rent: The lessor of Article 2, which is five million won per annum, shall deliver the above real estate to the lessee by June 7, 2013.

A lessor: A lessor: (a) around July 2013, the Plaintiff entered into a D agency contract with the Plaintiff Indif Co., Ltd. (hereinafter “Indif”), and (b) operated a clothing store with the name of D in the instant building after registering its business on August 2, 2013.

The original defendant at around June 2014, the security deposit of the instant lease agreement at KRW 6 million.

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