(영문) 서울중앙지방법원 2018.04.16 2017나56577

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.04.16 2017나56577

보증금반환

Text

1. Of the judgment of the first instance, the part of the judgment against the Plaintiff ordering payment is revoked.

2. The defendant shall be the plaintiff.

Reasons

1. Facts of recognition;

A. On January 7, 2012, the Plaintiff entered into a lease agreement with the Defendant with regard to the fifth floor of the building B in Gangdong-gu Seoul (hereinafter “instant real estate”) at KRW 100 million from January 7, 2012 to December 31, 2013, with regard to the lease deposit amounting to KRW 473 million from January 7, 2012, monthly rent, management fee amounting to KRW 2,187,00 (hereinafter “instant lease agreement”). Upon the expiration of the said lease period, the Plaintiff and the Defendant changed the lease deposit amount to KRW 80,000,000 from January 1, 2014 to December 31, 2015, and the remaining contents were the same as the previous lease.

The main contents of the instant lease agreement relating to the instant case are as follows.

Article 1 (Contents of Contract) (2) If the plaintiff or defendant intends to continue to maintain the lease relationship even after the expiration of the term of the lease, he/she shall notify the other party of his/her intention in writing by 60 days prior to the expiration of the term of the lease. If no such written notice is given or no agreement on the contents of the renewal is reached by the expiration of the term of the lease, this contract shall be terminated simultaneously with the expiration of the term of the lease.

Article 5 (Payment and Return of Rental Deposit) (6) The defendant shall refund the rental deposit deposited to the plaintiff when this contract is terminated, the obligation under each of the provisions of this contract is fully performed, and the master plan is completed.

However, if the overdue rent, management fee, or the expenses to be borne by the plaintiff are incurred, only the balance shall be refunded after deducting it from the rental deposit.

Article 17 (Lighting and Restoration to Original State) (1) Where this contract is terminated, the plaintiff shall take out the article and property owned by him/her within the expiration date, return the keys and property owned by the defendant to the defendant, and order the whole leased article to be ordered

(2) Facilities, partitions, and other structural structures attached to the Plaintiff.

유사 판례

-대전지방법원 2016.10.13 2015가단212173

-울산지방법원 2017.10.26 2016가단65673

-서울중앙지방법원 2020.09.23 2019가단5287898

-서울중앙지방법원 2018.10.18 2018가단11013

-울산지방법원 2018.04.26 2017나24960