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(영문) 창원지방법원진주지원 2017.08.24 2015가단37227
임대보증금 반환
Text

1. As to the Plaintiff (Counterclaim Defendant) KRW 3,029,740, respectively, to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from November 16, 2016 to August 2017.

Reasons

1. Facts of recognition;

A. On March 1, 2009, the Plaintiff concluded a lease agreement (hereinafter “the first lease agreement”) with Defendant B and Sacheon-si D, setting the second floor (hereinafter “instant real estate”) as the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,300,000, and the lease term of KRW 24 months from March 1, 2009, including the following special terms and conditions (hereinafter “the lease agreement”).

- When the contract expires, the lessee shall restore the leased object to its original state.

(The cost of delay shall be borne by the lessee) - The term of the lease shall be six years.

Provided, That on March 25, 201 and March 25, 2013, the lease deposit of 10,000,000, and monthly rent of 100,000 won shall be raised respectively.

B. On the same day, the Plaintiff entered into a contract with Defendant C for the purchase of indoor interior interior interior interior interior interior interior interior interior interior interior interior interior interior terocon, small wave, large TV, etc.

C. The Plaintiff paid the lease deposit and the above sales price, and performed internal interior interior interior interior interior construction necessary for the operation of the hospital. From March 2009 to July 2015, the Plaintiff operated the hospital from the instant real estate to another place.

As stated in the foregoing special agreement, the Plaintiff and Defendant B increased the lease deposit and monthly rent by renewal of the lease agreement in 201, and on May 24, 2013, the lease deposit was set at KRW 40,000,000, monthly rent of KRW 1,500,000, monthly rent of KRW 1,500,000, and the lease term of KRW 24 months from March 25, 2013.

(hereinafter “instant lease agreement”). E.

Defendant C completed the registration of ownership transfer on September 3, 2012 with respect to 1/2 shares out of the instant real estate.

F. On October 12, 2015, the Plaintiff started removing the interior interior interior interior interior interior interior part installed by the Plaintiff on the instant real estate and completed the removal on October 16, 2015.

After the plaintiff's removal work, most of the floors, walls, and ceiling materials inside the real estate of this case were removed, and the framework of the building was exposed as it is.

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