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(영문) 서울중앙지방법원 2020.10.21 2020나6077
보증금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On November 19, 2015, the Plaintiff entered into a lease agreement with C to lease the five story E of the building in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant commercial building”) with a deposit of KRW 50,000,000, monthly rent of KRW 350,000, and the period from November 19, 2015 to November 19, 2017, and operated the medical care center with a trade name “F medical care center” at the instant commercial building after the said deposit was paid.

The main contents of the lease agreement between the Plaintiff and C relating to this case are as follows:

(‘A’s “B” and “B” refer to the Plaintiff). (1) When this contract expires, B shall remove the property owned by B and the property owned by B until the termination date, and return the key and the property owned by B to A and order the entire leased property to A.

(2) Eul shall remove additional facilities installed by Eul and other facilities to alter its structure at Eul's expense, and restore leased objects to its original state and original form as at the time this contract is concluded by the end of the contract.

It will be responsible for all issues (public charges) after the contract of the former contractor (GC).

B. On April 20, 2016, the Defendant purchased the instant commercial building from C, and completed the registration of ownership transfer on the instant commercial building on July 8, 2016.

Accordingly, on July 8, 2016, the Plaintiff concluded a lease agreement with the Defendant, the new owner of the instant commercial building, setting the lease deposit of KRW 50,000,000, monthly rent of KRW 3,181,800, and the period from July 8, 2016 to July 7, 2018 (hereinafter “instant lease agreement”).

C. As the special terms of the instant lease agreement, stating that “1. is the lease under the present condition of the facility. 2. Guarantee is replaced with the existing deposit.”

The instant lease agreement was implicitly renewed and terminated by the agreement between the Plaintiff and the Defendant on May 7, 2019, and the Plaintiff around that time.

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