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(영문) 서울중앙지방법원 2018.02.22 2017가단5047300
보증금반환
Text

1. The defendant 4,120,00 won to the plaintiff A, 3,680,000 won to the plaintiff B, 12,690,000 won to the plaintiff C, and 12,690,000 won to the plaintiff D and E respectively.

Reasons

1. Basic facts

A. A. On April 29, 2003, J and the Defendant entered into an agreement between the Defendant on the lease 1) that “Around June 2008, the Defendant increased and reconstructed the real estate listed in the annexed list owned by J at his own expense and used until June 20, 2008; the neighboring and lessee’s civil petition arising from the increased and altered construction works; the administrative and disposition taken by the government offices; all administrative fines and fines imposed by the Defendant; and the Defendant continued to lease and use the said real estate from J by September 2003 (hereinafter “the previous building”) after completing the increased and altered construction works on the said real estate; and the new building “A building after the extension and reconstruction” is “the new building.”

(2) On June 11, 2011, J and the Defendant: (a) concluded a lease agreement (hereinafter “instant lease agreement”) with the term of lease from June 20, 2011 to June 20, 2013; (b) KRW 100 million in lease deposit; and (c) KRW 9 million in monthly rent (However, until June 20, 2012, KRW 8 million in value-added tax; hereinafter the same shall apply) with respect to the entire new building of this case; and (d) renewed the lease agreement (hereinafter “instant lease agreement”).

3) From June 20, 2011 to June 20, 2014, the J and the Defendant concluded a lease agreement between June 20, 201 and June 20, 201 with respect to the instant new building: (a) lease agreement between June 20, 2011 and June 20, KRW 100 million; and (b) monthly rent of KRW 9 million (hereinafter “lease agreement from June 20, 201”).

4) Around April 9, 2013, J issued a new notice to the Defendant that the contract term will not be renewed on the ground that the Defendant did not implement the enforcement fine and fine due to the illegal extension or alteration, even though the Defendant did not perform it, on the grounds that the contract term expires on June 20, 2013.

5 On July 31, 2013, J filed a claim against the Defendant for the delivery of a new building in this Court No. 2013da207260, which was issued by J as to the delivery and overdue rent of the new building in this case and the instant new building, and the said court filed a claim for the payment of a charge for compelling compliance and fine imposed by J as to the said new building in this case, and the said court rendered the Defendant’s lease contract dated June 20, 201.

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