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(영문) 대전지방법원 2014.12.17 2014가합102238
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 28, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the fifth floor, 501, 502, 503, and 504 (hereinafter “instant building”) on the land of Seo-gu, Seo-gu, Daejeon, and Seo-gu, Daejeon, and the ownership thereof. The main content of the instant lease agreement is as follows.

A lessor (Defendant) and a lessee (Plaintiff) shall enter into a lease agreement with respect to the following real estate as stipulated in the following contract:

For the purpose of building: The portion to be leased with the area of Class 1 neighborhood living facilities 2: 501, 502, 503, and 504: Deposit of KRW 100 million: Contract deposit of KRW 20 million shall be paid at the time of contract and the balance of KRW 80 million shall be paid on May 13, 2013.

The lease period of 4.5 million won per month (prepaid on September 1, 2013): the special agreement from September 1, 2013 to September 1, 2018 - the change of the use of the number of vehicles to the extent of 0.99 shall be made by the lessor during the period from September 1, 2013.

- The balance will be paid on the date when the change of use is completed and the lessee will bear the management fee for the period of interior.

(If the change of the purpose of use is known, the contract shall be null and void without penalty) - The rent shall be KRW 4.5 million per month from September 1, 2013 to March 1, 2016, and the remaining period shall be KRW 500,000 per month.

B. On May 15, 2013, May 30, 2013, the Defendant changed the use of the instant building as follows. After doing so, the Plaintiff received delivery from the Defendant and performed interior construction, and operated a health club in the instant building with the trade name “D”.

After changing the purpose of use of a lake area, 501 heading 501, 194.45 square meters (private teaching institutes) educational and research facilities (private teaching institutes) for Class 1 neighborhood living facilities (unused rooms) No. 505, 123.595 square meters (private teaching institutes) for the purpose of 502 heading 502, 206.02 educational and research facilities (private teaching institutes) for Class 2 neighborhood living facilities (private teaching institutes) No. 503 heading 504, 137.64 educational and research facilities (private teaching institutes) for 135.52 (private teaching institutes) for educational and research facilities (private teaching institutes) (private teaching institutes) for the purpose of 501 square meters and

C. On February 11, 2014, the Plaintiff is the head of the Seo-gu District Office, Daejeon.

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