(영문) 청주지방법원 2019.11.13 2019나280 | 리걸엔진

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(영문) 청주지방법원 2019.11.13 2019나280

임대차보증금반환

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1. The judgment of the court of first instance is modified as follows.

The part of the Defendant-Counterclaim Plaintiff’s claim for restoration to its original state.

Reasons

Facts of recognition

On June 17, 2017, the Plaintiff: (a) purchased two floors from the Defendant (hereinafter “instant building”); (b) the lease deposit amount of KRW 30 million; (c) the lease period of KRW 1 year (from July 15, 2017 to July 15, 2018; (d) the rent of KRW 1 million per month (including management expenses, public charges, value-added tax, and value-added tax, and KRW 1,265,00 per month); and (c) leased the instant building (hereinafter “instant lease contract”); and (d) the lease amount of KRW 1,00,000 per month; and (e) the special terms and conditions of the lease amount of KRW 1,265,00 per month; and (e) the incidental facilities installed by the lessee upon necessity shall be restored to the original state at the time of termination of the lease period and termination of the contract; and (e) the lessee shall bear the installation and restoration expenses (hereinafter “the instant lease”).

The building of this case is a five-story building completed in around 2005, and its use is a pharmacy, two-four-story, and five-story.

From September 4, 2017 to February 28, 2018, the Plaintiff paid the Defendant the rent of eight months of value, management expenses, and public charges.

The plaintiff and the defendant agreed to terminate the lease contract of this case. The defendant first sought the cost of restoring the store of this case to the plaintiff, and as a result, 200,000 won per square year was a total of 5 million won, and the defendant suggested that the plaintiff should deduct the above 5 million won from the lease deposit and return the remainder of the lease deposit to the plaintiff, but the plaintiff refused it and sought the removal company itself.

On March 30, 2018, the Plaintiff and the Defendant entered into an agreement with the following terms (hereinafter “instant agreement”), and the Plaintiff received from the Defendant the refund of KRW 15 million out of the lease deposit on the same day.

1. The defendant shall return the deposit amount of KRW 15 million up to March 31, 2018.

2. The Plaintiff shall restore the leased building to its original state and return it to the Defendant by May 15, 2018.

3. The Plaintiff cannot assert any right in respect of a building leased from May 16, 2018.

4. The Defendant is up to May 15, 2018.

유사 판례

-부산지방법원동부지원 2015.05.15 2014가합101001

-서울서부지방법원 2015.06.10 2015가단201971

-서울중앙지방법원 2020.09.23 2019가단5287898

-울산지방법원 2020.04.01 2019가합452

-서울중앙지방법원 2016.07.13 2015가단134663