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(영문) 서울남부지방법원 2014.12.18 2014나8702
임대차보증금
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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. Facts of recognition;

A. On November 1, 2012, the Plaintiff concluded and renewed a lease agreement with the Defendant on the store of the commercial building located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”). As to the two partitionss of the first floor of the instant building, the Plaintiff entered into a lease agreement with the Defendant as between KRW 14,00,000, monthly rent of KRW 1,600,000, and the lease period from January 5, 2013 to January 5, 2015, with respect to the first floor of the instant building as to KRW 10,000,000, monthly rent of KRW 300,000, and period of lease from August 30, 2012 to August 30, 2014 (hereinafter “instant lease agreement”).

B. At the time, the first unit of the instant building was already selected as a Yeongdeungpo-gu Urban Environment Improvement Project District. However, on June 28, 2013, D Urban Environment Improvement Project Association (hereinafter “instant association”) which is a project implementer, was decided by the local Land Tribunal of Seoul Special Metropolitan City to expropriate the instant association’s land, relocate the goods, and compensate for losses at KRW 42,537,850,450, and the commencement date of expropriation was August 16, 2013, and completed the registration of ownership transfer under the name of the instant association.

On April 17, 2014, the Central Land Tribunal made an objection against the above ruling of expropriation to the purport that the compensation would be increased, and on April 17, 2014, the Central Land Tribunal made a ruling that the compensation for the land against the defendant would be reasonable in terms of KRW 904,194,90, and KRW 45,962,640.

C. The Plaintiff shall pay to the Defendant for up to June 2013, and calculate the rent of 1,90,000,000 for July 2013 (1,60,000 won) and the rent of 1,013,333 won for August 2013 x 16/30 x 1,900 won x 16/30 x 16/300 x 16/31 x 16/31 x 16/31 x 20.

In the absence of payment, on December 27, 2013, the instant building was removed from the store.

The Defendant’s instant case to the Plaintiff on December 27, 2013.

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