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(영문) 수원지방법원 2017.05.25 2016나68816
임대료 등
Text

1. Of the judgment of the court of first instance, KRW 3,500,000 against the Plaintiff and its related thereto, from March 25, 2016 to May 25, 2017.

Reasons

1. Basic facts

A. On February 17, 2010, the Plaintiff entered into a lease agreement with the deceased C (hereinafter “the deceased”) on the lease deposit of KRW 10,000,000, annual rent of KRW 3,000, annual rent of KRW 3,000, and the lease period from May 1, 2010 to May 1, 2012 (hereinafter “instant lease agreement”). On the same day, the Plaintiff paid KRW 10,000,000 to the deceased on the same day. The main contents of the instant lease agreement are as follows.

In the lease of the above real estate Article 1 of the Real Estate Lease Contract, the lessee will pay the lease deposit and rent as follows.

To make advance payment of KRW 3,00,000 (Won 10,000,00) a deposit day (Won 3,000,000) a day of the next rent.

Article 3 The lessee shall use the above real estate for its original purpose, and shall acquire it in the original condition upon the expiration of the contract period.

When suspending the use of special articles to the relevant authorities (Viewing) during the period of use of the special articles, the lessor does not demand the lessor to pay the director's expenses and any

B. While the Plaintiff used the instant land for the purpose of the office and the building site for the steel-processing business site, it was no longer possible to use the instant land for the aforementioned purpose upon receiving an order to restore it from the mayor on June 19, 2012, and thus, the instant lease agreement was de facto agreed. The Plaintiff transferred the instant land to the Deceased on July 10, 2012.

C. The defendant is the only heir to the deceased's child.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. 1) The Plaintiff’s claim for the refund of the lease deposit is terminated, and the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 10,000,000,000, deducting the unpaid rent of KRW 1,650,000 from the lease deposit of KRW 1,650,00 under the instant lease agreement, and the damages for delay thereof. 2)

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