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(영문) 서울중앙지방법원 2016.12.15 2016가합538764
임차보증금 반환
Text

1. As to the third floor of the building indicated in the attached list to the defendant (Counterclaim plaintiff).

Reasons

(c) They shall be taken out and return keyss and property of the lessor to the lessor; and

(2) The lessee shall remove the attached facilities, partitions, structural or other altered facilities at the lessee’s expense and recover to the original state at the time of the conclusion of this lease agreement.

A lessor may act on behalf of the lessee at the request of the lessee and by agreement.

All accidents (such as the destruction of a building, fire, personnel safety accident, vehicle accident, etc.) during the period of the above work shall be liable to all civil and criminal liability of the lessee.

(3) If the lessee was unable to remove his own property or property for any reason, or the lessee was unable to restore the leased property to its original state, the Do governor shall pay the lessor the ordinary rent and management expenses from the date of termination of the lease to the date of recovery as the determined amount of damages.

【Lease Management Rules】 * Details of management expenses of KRW 8,308,120 (Management Expenses)(3)

8. The cost of repair and maintenance: (a) the cost of repair and service, the cost of the material, equipment transportation, expendable goods, personnel expenses) the cost of cleaning septic tanks and cleaning, the cost of cleaning heating facilities, the cost of cleaning fire extinguisherss, the cost of water-proofing, the cost of installing rooftop facilities, the cost of internal and external tools, the cost of repairing and maintenance of facilities for common use, and the cost of maintaining facilities; (b) the cost of repairing and maintaining parking facilities.

B. On May 28, 2015, the Defendant notified the Plaintiff that the lease contract was terminated as of July 31, 2015, and the Plaintiff removed from the instant real estate on October 12, 2015, and the Defendant returned only KRW 357,300,000, which remains after deducting KRW 22,70,000 from the lease deposit’s restoration cost, to the Plaintiff.

C. On the other hand, the defendant registered the Seoul Central District Court's registry office of September 13, 1996 as to three floors among the buildings listed in the attached list, which was 380,000,00 the deposit money for lease on a deposit basis for lease on a deposit basis under the name of the plaintiff.

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