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(영문) 서울북부지방법원 2019.04.25 2018나37435
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant is a non-corporate body consisting of the shop occupants of the building in Gangnam-gu Seoul, and the Plaintiff is a person who leased a parking lot B (hereinafter “instant parking lot”) from the Defendant and operated the parking lot, and C is a manager of the building B and is the Plaintiff’s wife as the manager of the building B.

B. On November 12, 2009, the Plaintiff leased the instant parking lot under the name of the Plaintiff and D from November 12, 2009 to November 11, 201, by setting the term of lease as KRW 5 million, KRW 18 million, annual rent, and thereafter, operated the parking lot business from around that time. The Plaintiff paid KRW 5 million and annual rent KRW 18 million to the Defendant on behalf of the Plaintiff around November 2009.

C. On November 9, 201, the Plaintiff entered into a lease agreement with the Defendant on the instant parking lot with the lessee as the Plaintiff (hereinafter “instant lease agreement”).

A lease period: From November 10, 201 to November 9, 2013: A lease period of two years: A total of KRW 40 million, KRW 20 million on November 9, 2011, and KRW 5 million on November 9, 201: A deposit to be paid in installments: A deposit amount of KRW 5 million on November 9, 2012 (effective as a deposit deposit deposited at the time of the contract) is obligated to protect all instruments, installations, etc. already installed in the instant parking lot; the Plaintiff shall immediately recover from the original state upon destruction; the Plaintiff may unilaterally reverse the lease contract even before the expiration date if the contract is not implemented, and even if the Plaintiff restores the damaged instruments during the lease period of the Plaintiff’s deposit to the Defendant, the Plaintiff may not raise an objection to the Defendant.

D. The instant parking lot was delivered to the Defendant on November 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence No. 11, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on November 9, 2013, and the Defendant came to have expired.

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