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(영문) 수원지방법원안산지원 2016.07.07 2015가단114555
임대차보증금
Text

1. The Defendant’s KRW 57,00,000 and the Plaintiff’s annual rate of KRW 5% from May 1, 2016 to May 23, 2016, and the following.

Reasons

1. Facts of recognition;

A. On December 4, 2012, the Plaintiff leased the two-story 40 square meters (201; hereinafter “201”) of multi-household 3 residential building (hereinafter “instant building”) owned by the Defendant from the Defendant on December 4, 2012, by setting the lease deposit amount of KRW 4.2 million and the lease term of KRW 2 million (hereinafter “instant lease agreement”).

(2) On the following day, the Defendant paid KRW 42 million to the Defendant, and received the above 201 from the Defendant around December 10, 2012. B. On March 2, 2015, the Plaintiff and the Defendant modified the instant lease agreement with the following terms and conditions, and the Plaintiff paid KRW 1.5 million to the Defendant around April 3, 2015. The lease deposit amount: a total of KRW 5.7 million (1.5 million increase lease period: from March 2, 2015 to March 3, 2017:

C. Meanwhile, on July 1, 2015, Seocho-gu Co., Ltd., the owner of the land of the instant building, which is the land for the instant building, filed a lawsuit for the removal, etc. of the building under the Suwon District Court Branch 2015Kadan10925 with the Defendant et al. as the other party, and on July 24, 2015, the Plaintiff, the occupant of the instant building, as the other party to the instant building, filed a lawsuit for the removal, etc. of the building, etc. under the jurisdiction of the same court as the Plaintiff, the occupant of the instant building, 201, as the other party to the instant building.

On March 4, 2016, the above court held that the above two cases were consolidated and sentenced to the defendant to remove the building of this case and that D to withdraw from 201 among the building of this case.

Accordingly, around April 25, 2016, the Plaintiff and D removed the instant building from 201.

【Grounds for Recognition】 Evidence A (including each number), Evidence B Nos. 1 and 2, and the purport of the whole pleadings and arguments in this court

2. The lessor shall be bound to deliver the object of lease to the lessee, to maintain the conditions necessary for the use and profit-making during the lease period;

(Article 623 of the Civil Code). However, Suwon District Court No. 2015Kadan109225, 201.

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