(영문) 서울중앙지방법원 2019.10.17 2019가합506027

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.10.17 2019가합506027

보증금반환

Text

1. The Defendants are the Dobong District Court of Seoul Northern District with respect to each real estate listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff is a company running trucking transport business, etc., and the Defendants shared 1/3 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On November 27, 2008, the Plaintiff entered into a lease agreement and established a right to lease on a deposit basis (1) with the Defendants on a lease deposit of KRW 900 million, monthly rent of KRW 16 million (excluding value-added tax), and from December 1, 2008 to November 30, 201, the lease term was extended by extending the lease term on December 1, 201, when changing the amount of the lease deposit, etc.

The contents of the instant lease agreement pertaining to the instant case are as follows.

For the real estate indicated in Article 1 (Indication of Objects) below owned by a lessor, the Defendants (hereinafter referred to as “A”) and a lessee (hereinafter referred to as “B”) and the Plaintiff (hereinafter referred to as “A”), a lease agreement is concluded based on good faith and sincerity as follows:

Land under Article 1 (Indication of Objects): The term of this contract shall be 12 months from December 1, 2017 to November 30, 2018, for buildings listed in paragraph (2) of the attached Table (excluding a building with a total floor area of 349.02 square meters/Lease 43.8 square meters/Lease 43.8 square meters) and buildings listed in paragraph (3) of the attached Table (a total floor area of 327.7 square meters) listed in paragraph (3) of the attached Table.

Where a notice of the intention to terminate the contract is given to the other party three months prior to the expiration of the contract period, this contract may be terminated at the expiration of the contract.

Article 3 (Lease Deposit and Monthly Rent)

(a)The lessor and the lessee shall determine, by agreement, the lease deposit and monthly rent for the lease of the object of Article 1 as follows:

Deposit KRW 600 million (the completion of the period of KRW 600 million) monthly rent of KRW 24 million (excluding value-added tax)

(b)The rent shall be agreed upon with A as of the end of each month;

유사 판례

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-서울중앙지방법원 2020.05.20 2019가합517249

-전주지방법원 군산지원 2015.07.08 2015고단388