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(영문) 서울중앙지방법원 2017.11.23 2016나79719
임대료반환 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 22, 2006, the Plaintiff leased approximately 8 square meters of the first floor among the three-story buildings located in Chungcheongnam-si, Chungcheongnam-si, the Plaintiff owned by the Plaintiff (hereinafter “instant store”) up to the lease deposit amounting to KRW 20 million, monthly rent of KRW 700,000,000, and the lease term of November 5, 2006.

B. C, while operating a mobile phone sales store at the instant store, decided to transfer the status of the tenant of the instant store to the Defendant, and the Plaintiff and the Defendant agreed on March 15, 2007 by the Defendant to succeed to the status of the tenant of the instant store in the presence of C and agreed as follows.

(hereinafter “instant agreement”). 1. The Defendant shall pay KRW 700,000 to the Plaintiff each month.

2. In a case where a new lessee and the plaintiff become a lease contract, the defendant shall immediately surrender them.

3. Where the Defendant fails to pay rent, the Plaintiff’s unpaid amount from the Defendant, out of the amount that C was not paid by the Plaintiff for the Defendant’s unpaid amount (electric rent of approximately KRW 20 million as of March 15, 2007 - KRW 4 million), shall be paid to C.

4. If the Defendant wishes to carry out a master plan on the grounds of a business depression, etc., the Plaintiff must be permitted.

C. From March 15, 2007, the Defendant operated a mobile phone store at the instant store for about two months, and notified the Plaintiff of the discontinuance of business on May 15, 2007, and retired.

On March 19, 2008, in the Cheongju District Court Decision 2007Gau19003 case where C filed a claim against the Plaintiff for the return of the lease deposit in relation to the store of this case, mediation was concluded between the Plaintiff and C to the effect that “the Plaintiff shall pay C the amount of KRW 17 million, and the payment of KRW 17 million out of the above KRW 17 million and the delivery of the store of this case shall be performed simultaneously.”

E. After that, on February 26, 2009, the Plaintiff received 2 million won as the rent for three months without a deposit for lease between E and E, and the term of the lease shall be set from March 11, 2009 to December 12.

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