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(영문) 의정부지방법원 2020.05.14 2019나2811
임대보증금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following parts, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The five-one to five-five dimensionals of the judgment of the court of first instance shall be written in the following parts:

1) If a lessee returns the leased object to a lessor, he/she is obligated to restore it.

(Article 654 and 615 of the Civil Act). When a lessee repairs or alters the leased object, in principle, he/she shall remove the leased object and make it available at the time of lease.

In such cases, the details and scope of the duty to restore shall be determined individually in consideration of the details and contents of the lease contract, the state of an object at the time of lease, the details of the lessee repair or change

(See Supreme Court Decision 2017Da268142 Decided August 30, 2019 (see, e.g., Supreme Court Decision 2017Da268142, Aug. 30, 201). However, in cases where a lessee installed an internal facility by leasing a store used by the former lessee from the owner, the scope of the obligation to restore the object due to the termination of the lease is within the scope established by the said lessee, and the lessee is obliged to return the object at the time he/she was leased,

(See Supreme Court Decision 90Meu12035 delivered on October 30, 1990, etc.)

3. Thus, the plaintiff's claim is accepted within the scope recognized by the court of first instance, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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