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(영문) 대구고등법원 2017.12.28 2017나20624
임대차보증금반환등
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 5, 8, 9, 10, 12, 18, 21, and 22 (including the branch numbers where no special indication is made; hereinafter the same shall apply) and the whole pleadings, and there is no counter-proof.

D owned the building No. 1, B, 101, 201, and 301 on the land of Daegu-gu C, K, L, M, and N and the building No. 1, B, 201, and 301 on the ground thereof, and the above E, F (hereinafter referred to as “D-owned real estate”), and the Defendant owned the above building No. 2, and the building No. 101, 102, and 201 of the C, and No. 201 of the C, K, L, M, and N, respectively. (hereinafter referred to as “Defendant’s real estate”).

B. On November 30, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease the instant commercial building by setting the lease deposit of KRW 100,000,000, monthly rent of KRW 380,000, and the period from December 1, 2012 to November 30, 2014 (see, e.g., evidence A; hereinafter “instant lease agreement”), and operated a singing practice room business upon delivery of the said building.

§ 2 (Term of Lease) 1) The term of validity of this lease (two years from the date of the contract)

) From December 1, 2012 to November 30, 2014, a lessee is prohibited from transferring the right of this lease to a third party or sub-lease all or part of the leased building.

At the expense of the lessee, the lessee is entitled to all the rights such as the ownership, possessory right, and disposal of the facilities, such as electricity, lighting, sound, heating, cooling, and interior at the expense of the lessee, and the lessee does not raise any objection.

Article 8 (repair) 1) Costs of repairing (including road) the leased building shall be borne by the lessee. 2) The lessee finds the repair site related to the preceding paragraph.

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