(영문) 서울중앙지방법원 2017.04.25 2016가합568536

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(영문) 서울중앙지방법원 2017.04.25 2016가합568536

임대차보증금

Text

1. The Defendant’s KRW 38,172,220 as well as the Plaintiff’s annual rate from July 3, 2015 to April 25, 2017.

Reasons

1. Facts of recognition;

1. If the defendant delivers the real estate to the plaintiff to the current facility condition, the plaintiff will repair and use it during the lease period.

2. The defendant shall cooperate so that the plaintiff can repair or rebuild the building in large scale.

3. The monthly rent shall be the subsequent payment; and

The management expenses shall be deemed nonexistent during the lease period, and the public charges (electric charges, gas charges, water charges, cleaning expenses for septic tanks, environmental improvement charges, etc.) in which the actual expenses are incurred shall be borne by the plaintiff.

4. Where a lease contract is terminated, the Plaintiff shall restore the above real estate to its original state and return it to the Defendant.

Provided, That the plaintiff and the defendant may return it to the defendant without restoring to their original status under an agreement, and in such cases, the plaintiff does not claim for beneficial expenses, necessary expenses, etc. against the defendant.

5. In the event that the Plaintiff has failed to pay the rent for more than two months, the Defendant may terminate the instant lease contract without delay.

6. When two years have elapsed from the date of the contract, the Plaintiff shall increase 10% of the rent (monthly rent) and pay it to the Defendant.

7. Where it is impossible to obtain business permission for the above real estate, or to repair or rebuild a building on a large scale, the lease contract of this case becomes null and void, and the defendant shall promptly refund the deposit money.

(hereinafter omitted)

A. On April 30, 2010, the Plaintiff’s agent (the Plaintiff’s birth) entered into a contract with the Defendant to lease each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant as follows (hereinafter “instant lease agreement”) with the terms that the Plaintiff shall set the lease deposit amount of KRW 65,00,000,000, monthly rent of KRW 3,100,000, and the lease term of KRW 7, June 7, 2010 to June 6, 2015 (hereinafter “instant lease agreement”). At the same time, the Plaintiff was handed over the instant real estate from the Defendant.

B. The instant lease agreement was terminated on June 6, 2015 at the expiration of the period.

(c).

유사 판례

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