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(영문) 대전지방법원 2021.01.26 2020나104734
건물명도(인도) 등
Text

The appeal by the Defendant (Counterclaim Plaintiff) is dismissed.

Expenses for appeal shall be borne by the defendant (Counterclaim plaintiff).

the purport and purpose of the claim;

Reasons

(b)"Refunds of deposits upon expiration of the contract" shall be refunded to C by proxy;

“The terms and conditions of the special agreement have been set out.”

B. D, on October 27, 2014, registered a business operator with the trade name “F” and operated a beer restaurant in the instant commercial building. On July 2016, when deducting unpaid monthly rent, etc., the deposit under the first lease agreement was 6.8 million won.

(c)

On July 23, 2016, the Plaintiff entered into a lease contract with the Defendant for the instant commercial building with a deposit of KRW 20 million, monthly rent of KRW 2 million, term of lease from July 23, 2016 to July 23, 2018 (hereinafter “the second lease contract”), and D participated in entering into the second lease contract.

(d)

The terms and conditions of the second lease agreement between the plaintiff and the defendant are as follows:

- The deposit of 5 million won under this contract shall be deducted from the deposit of the former lessee D, and the remaining deposit of 1.8 million won shall be used as the monthly income of the contractor under this lease (monthly).

* Matters to be refunded to the agent C under paragraph (8) of the terms of the former lease agreement and any balance of the related and security deposits shall be paid.

8. By October, 190, to pay 15 million won and, if not fulfilled, this Agreement shall become null and void and shall not make a claim for reimbursement of 5 million won.

- This lease contract was prepared by the contractor upon the demand that the monthly rent of KRW 2 million be made up of KRW 5 million, but this contract was null and void.

- From July 2016 to October 31, 2016, the monthly rent is a clerical error.

shall be 2,200,000 won (attached tax Map).

11.1. From 1.0, the application of the amounts of this Agreement, separate (rent) years of age, and the lease agreement of the foregoing tenant D shall be cancelled and no objection shall be raised to the new contract.

E. On August 11, 2016, the Defendant remitted the remaining deposit amount of KRW 15 million to the Plaintiff.

(f) D discontinues its business on July 31, 2016, and the Defendant was drafted under the name of E by the Plaintiff.

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