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(영문) 서울서부지방법원 2020.04.23 2019나37872
임대차보증금
Text

The part against the Defendants in the judgment of the first instance shall be revoked, and the Plaintiff’s claim corresponding to the above revocation part shall be revoked.

Reasons

1. Basic facts

A. On October 1, 2010, J concluded a lease agreement with the Defendants and the fifth floor of the L Building in Yeonsu-gu Incheon Metropolitan City (hereinafter “instant real estate”) on October 1, 201 with respect to the leased object to the lessee by October 30, 2010, and the lessor by October 30, 2010. The lease term was 24 months from the date of delivery until October 29, 2012. The J transferred the down payment of KRW 300,000,000 to the account of Defendant B, one of the lessor.

B. Upon the J’s moving into the instant real estate on October 27, 2010 prior to the commencement date of lease under the said lease agreement, the J and the Defendants signed and sealed a lease agreement in which the following contract details were added, and the J transferred the remainder of KRW 27,00,000 to the above Defendant B’s account on the same day.

Lease deposit: 30,00,000 won, rent: 2,300,000 won (excluding value-added tax): Management expenses calculated by the Regulations on the Management of Commercial Building and shall correspond to Articles 5 and 6 of the Agreement.

Management expenses under Article 5(1) are expenses necessary for the management of the relevant building, such as common and private electricity charges, water supply facilities, sewerage, elevator and parking boat maintenance expenses, cleaning and management expenses, electricity and fire-fighting management, etc., and the lessee shall pay the expenses for the management and maintenance of leased property to the place designated by the lessor by the 30th of each month.

(Additional Value-Added Tax). Expenses incurred in repairing the walls, ceilings, floors, etc. of the marine, refined leased articles naturally occurring during the lease period under Article 13(1) shall be borne by the lessor, and other repair expenses shall be borne by the lessee.

When the contract under paragraph (1) of Article 17 is terminated or terminated, the lessee shall take out the object and property owned by the lessee within the date of termination or the date of termination designated by the lessor, and the lessor shall also order the lessor to take out all the leased objects.

The lessee referred to in paragraph 2 shall be the attached facilities, partitions, simultaneously with the termination or termination of this Agreement.

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