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(영문) 제주지방법원 2020.09.28 2019가단60617
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On March 17, 2013, the Defendant entered into a lease contract between the Plaintiff and the Defendant, etc. (However, on March 17, 2012, which is the date of the contract with the former lessee C, a retroactive entry in the contract) with the Plaintiff, and the Defendant entered into a lease contract with the Plaintiff by setting the lease deposit amount of KRW 2 million, annual rent of KRW 15 million, annual rent of KRW 323,00,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

(2) On September 5, 2016, the Defendant concluded a lease agreement with the Plaintiff, Edong, and Fdong buildings with a deposit of KRW 2 million per annum, KRW 2.5 million per annum (Provided, That from March 17, 2017 to March 16, 2018, KRW 2.4 million per annum), and a lease agreement with the Defendant to lease at a fixed period from March 17, 2017 to 60 months (hereinafter “the instant secondary agreement”).

(3) The Defendant concluded, on November 7, 2017, a lease agreement with G is concluded again with regard to the Plaintiff, Edong, and Fdong buildings with KRW 3 million, annual rent of KRW 32 million, annual rent of KRW 32 million, and lease term of January 30, 2023 (hereinafter “instant third contract”).

(4) On January 31, 2018, according to the Plaintiff’s partial transfer of business, the Defendant concluded each of the following lease agreements (hereinafter “instant fourth lease agreement”) with the content of the instant third contract divided into E-dong building and F-dong building, and maintaining the remainder as it is.

① From September 30, 2017, the said G (around September 30, 2017, the E-dong Building was transferred to the Plaintiff and operated the car page. On January 2, 2018, between the Plaintiff and the lease deposit of KRW 1 million, annual rent of KRW 15 million, and the sub-lease of the said building up to January 30, 2023) and E-dong.

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