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Reasons
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(영문) 서울중앙지방법원 2021.03.11 2020가단14787
임차보증금반환 및 이사비용 청구의 소
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1. The defendant's KRW 10,000,000 and about this, 5% per annum from September 14, 2020 to March 11, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

A. On September 30, 1991, the Defendant completed the registration of preservation of ownership of the building listed in the attached Table 1 (hereinafter “instant building”) and owned the instant building from around that time to that day.

B. The Plaintiff leased a part of the instant building from the Defendant around 1995 and occupied and used it from around that time (at the time, the Plaintiff did not prepare a lease contract between the Plaintiff and the Defendant), and around April 25, 2009 and May 18, 2009, the part of the first floor D of the instant building, and the part of the back and warehouse of the first floor D of the instant building (the combined part of the instant building and the back and warehouse of the first floor D of the instant building, among the instant building, are 1,2, 3, 4, 5, 6, and 1, and 40.156 square meters in sequence, among the parts indicated in the attached drawings 2.

hereinafter referred to as “instant heading D and C store”) drafted a lease agreement with a term of KRW 10 million for the lease deposit and the term of lease from May 18, 2009 to May 18, 2011 (see the evidence and evidence No. 2-3).

(c)

Since then, the above lease contract was implicitly renewed, and around March 2018, the Plaintiff and the Defendant drafted again the lease contract between the Plaintiff and the Defendant, stating that the lease deposit of KRW 10 million and the lease deposit of KRW 20 million is between March 2018 and the end of 24 months from the end of March 2018 (hereinafter “the lease contract between the Plaintiff and the Defendant as above”).

On the other hand, on May 18, 2009, E, the spouse of the Plaintiff, entered into a lease agreement with the Defendant on the first floor F of the instant building (hereinafter “instant F store”) with the term of KRW 20 million and the term of lease from May 18, 2009 to May 18, 201 (see, e.g., evidence A). The said lease agreement has been implicitly renewed.

E. In addition, the Plaintiff is between the Defendant and the end of March 2018.

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