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(영문) 수원지방법원안양지원 2017.12.22 2017가단105744
보증금반환
Text

1. The Defendant’s KRW 24,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 14, 2017 to December 22, 2017.

Reasons

1. Basic facts

A. Defendant, B, C, and D are co-owners who own one-fourth share of land of 323.4 square meters in Gunpo-si in Gyeonggi-do (hereinafter “instant land”).

Article 4 (Termination of Contract) If the lessee fails to pay the rent for the second period of time or violates the provisions of Article 3, the lessor may terminate the contract without delay.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.

Article 6 (Cancellation of Contract) Before the lessee pays the intermediate payment (if there is no intermediate payment), the lessor shall pay a double the down payment, and the lessee may waive the down payment and rescind this contract.

[Matters of special agreement] The lease contract shall be automatically terminated when the monthly rent is overdue for more than two months.

The monthly rent shall be the 28th of each month.

B. On December 29, 2016, the Plaintiff entered into the following lease agreement with the Defendant, representing C, D, and Defendant among the above co-owners, setting the instant land as KRW 30,000,000,000 per month, and KRW 24 months from the delivery date of the lease term (hereinafter “instant lease agreement”), and paid KRW 30,000,000 to the Defendant on the same day.

C. On December 30, 2016, Co-owners B sent text messages to the Plaintiff that the instant lease agreement was null and void since it was concluded without the consent of B, and the Plaintiff did not consent to the written consent to the use of land to construct a temporary building (construction site restaurant) on the instant land.

On March 3, 2017, the Plaintiff agreed to use the land by all co-owners.

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