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(영문) 부산지방법원 2015.10.14 2014나15597
임대차보증금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The status of the parties is a corporation that owns the remaining 72 households except subparagraph 708 among the 73 households of the entire building A located in Geumcheon-gu Busan Metropolitan Government (hereinafter “A”), and the Plaintiff is a corporation that concluded a lease agreement with the Defendant as to the above building Nos. 201 and 301 (hereinafter “Nos. 201 and 301”) (hereinafter “the above building Nos. 201 and “each real estate of this case”).

B. On June 30, 2006, the Plaintiff and the Defendant’s A building lease 1) determined from the Defendant a deposit of KRW 200,000,000, monthly rent of KRW 10,000,000, and the period from September 1, 2006 to August 30, 201, the lease of KRW 301 (hereinafter referred to as “the lease of this case”).

(2) Of the above deposit, KRW 100,000,000 shall be directly paid to the Defendant (hereinafter above KRW 100,000,000 shall be referred to as “the lease deposit of this case”).

(2) On August 20, 2007, the remaining KRW 100,000,000 was agreed to substitute for the payment of KRW 1,00,000,000 to the Defendant for the establishment registration of a neighboring building on the real estate owned by the Plaintiff and theO each month, and the Defendant paid KRW 100,000,000 to the Defendant. On August 20, 2007, the amount of KRW 100,000,000 for deposit monthly rent, KRW 8,000,000 for rent, and the period from August 20, 207 to August 20, 2010, the Plaintiff, under an agreement with the Defendant, managed the entire building by the manager, and the Plaintiff also paid the management expenses (including zero-line maintenance expenses, special repair expenses, etc. imposed on the long-term preservation of the building from the management office until October 30, 2006, respectively.

C. Management expenses, etc. among the management rules of the A Building Autonomous Council established on March 2, 2002 (hereinafter “the instant management rules”) (hereinafter “instant management rules”).

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