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(영문) 서울중앙지방법원 2015.01.07 2014가단88664
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, on October 9, 2009, set No. 181, 204, 181, 204 (hereinafter “instant apartment No. 1”).

B) A lease deposit is leased to B by setting the lease deposit amount of KRW 160 million, monthly rent of KRW 440,00, and the lease period from March 9, 2010 to March 8, 2011. A lease contract was concluded with the effect that if five years have elapsed after the payment of rent of KRW 20,000 as monthly rent and the fixed sale price of KRW 229,000,000 is converted for sale in lots with the lower amount of the appraised rent at the time of lease deposit and monthly rent for sale in lots, and that 20,000,000,000 won is to be appropriated for the amount converted for sale in lots. After the termination of the lease period thereafter, the Defendant entered into a new lease contract with the Plaintiff on March 9, 201; the lease contract was renewed on March 8, 2012; the last lease contract was renewed on March 26, 2013; and the lease deposit was renewed on March 13, 2014.

A) At the time of the instant final renewal contract, the penalty provision regarding the said lease was amended as follows. Article 10 (Cancellation and Termination of Lease Agreement) (1) “B” (the instant lessee refers to; hereinafter the same shall apply) of the D apartment lease agreement prior to the instant final renewal.

b)A “A” (the name of the defendant; hereinafter the same shall apply) where the person commits an act falling under any of the following:

8. Where a lessee moves out of the relevant house or takes occupancy in another rental house, he/she shall be entitled to cancel or terminate this contract, or refuse to renew the lease contract.

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