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1. The Plaintiff (Counterclaim Defendant) indicated the attached Form No. 1 and No. 1 among the first underground floor of the real estate listed in the attached list to the Defendant (Counterclaim Plaintiff).
Reasons
1. Facts of recognition;
가. 원고는 2015. 12. 31. 피고로부터 별지 목록 기재 부동산 지하1층 중 별지 도면 표시 1, 2, 3, 4, 5, 6, 7, 8, 9, 1의 각 점을 순차로 연결한 선내 ㈎ 부분 149㎡(이하 ‘이 사건 점포’라고 한다)를 보증금 10,000,000원, 차임 월 1,200,000원, 기간 2016. 1. 1.부터 2016. 12. 31.까지로 정하여 임차하는 임대차계약을 체결하고, 이 사건 건물에서 댄스강습소를 운영하였다.
B. On January 23, 2017, the Plaintiff entered into a modified contract with the Defendant to June 30, 2017 (from January 1, 2017 to June 31, 2017 (the date on June 31, 2017 seems to be a clerical error), respectively, to KRW 1,300,000 per the following month (hereinafter “instant leased contract”).
C. On July 10, 2017, the Plaintiff entered into a contract for transfer and acquisition of all rights to C and the instant store at KRW 20,000,000 for premium.
C On July 10, 2017, the Defendant entered into a lease agreement with the Defendant to lease the instant store at KRW 5,000,000 for the type of business, from July 20, 2017 to July 30, 2019, the deposit amount of KRW 50,000 for the period from July 20, 2017 (contract deposit of KRW 5,000,000 for the remainder of KRW 45,000 for the remainder of KRW 45,000 for the rent month, and paid KRW 5,00,000 for the same day.
E. Since then, C received opinions from the Dongdaemun Fire Station that the instant store cannot obtain a fire-fighting permit for the business of screen golf courses.
C agreed on the lease of another store that can obtain a fire-fighting permit for the business of a screen golf course in the building where the Defendant and the instant store are located, but upon receiving a demand from the Defendant to increase the rent of KRW 700,000 per month, C demanded on August 1, 2017 to return the down payment already paid to the Defendant to the effect that the said lease contract was cancelled.
F. On August 28, 2017, the Plaintiff filed the instant lawsuit containing a claim for refund of deposit, and a duplicate of the complaint was served on the Defendant.
[Reasons for Recognition]