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(영문) 대구지방법원 2018.08.16 2017나317127
임대차보증금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On September 20, 2007, C entered into a lease agreement with the network D (hereinafter “D”) under which buildings listed in the separate sheet (hereinafter “instant building”) owned by D are KRW 2,875,000 (the monthly rent from July 1, 201) from December 1, 2007 to November 30, 2012 during the lease term, KRW 50,000,00 for the first six months, and the monthly rent is KRW 2,40,000 for the first six months.

B. C B. On December 3, 2012, between D and D, the building of this case

The term of lease extended by extending the lease agreement on September 20, 2007 from December 1, 2012 to November 30, 2014, but the lease agreement was entered into with the content that the lease deposit amount of KRW 50 million is succeeded as it is, and the monthly rent of KRW 3,175,000 (additional tax) is changed to the monthly rent of KRW 3,175,000.

C. C B. On December 3, 2014, between D and D, the building of this case

The term of lease extended by extending the lease agreement on December 3, 2012 from December 1, 2014 to November 30, 2016, but the lease agreement was concluded with the content that the lease deposit amount is succeeded to KRW 50 million as it is, and the monthly rent is changed to KRW 3,450,000 (additional rent is separate).

et al.

(a).

C. The lease agreement under subsection (c) is collectively “C’s lease agreement.”

(D) On March 11, 2015, between D and D during the lease agreement period of C, the Plaintiff succeeded to the entire status under the lease agreement of C as to the instant building that is concluded by the Plaintiff as the lease deposit amounting to KRW 50 million, monthly rent of KRW 3450,00 (additional rent) (hereinafter “instant lease agreement”).

AB concluded the agreement.

E. Following D’s death, the Defendant, a spouse of D, completed the registration of ownership transfer of the instant building due to inheritance by agreement division on February 5, 2016. From that time, the Plaintiff began to pay the Defendant a monthly rent under the instant lease agreement and paid a monthly rent until October 2016.

F. The plaintiff is the defendant.

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