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(영문) 대전지방법원논산지원 2017.04.06 2016가단4160
임대차보증금
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 35,000,000 won shall be applied to the plaintiff.

Reasons

1. Facts of recognition;

A. On June 26, 2011, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant as KRW 32 million, and the lease period of KRW 12 months. The Plaintiff paid KRW 2 million to the Defendant each on the same day, and KRW 30 million on July 4, 201.

The above lease contract has been implicitly renewed after the lease period (the renewed lease contract of this case).

On November 2013, the Plaintiff agreed to increase the deposit for lease with the Defendant to KRW 3 million, and paid the Defendant KRW 700,000 on November 4, 2013 and KRW 2.3 million on the following day, respectively.

C. On April 2016, the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement, but responded from the Defendant, “a new lessee is sought and Ghana.”

Therefore, although the Plaintiff attempted to seek a lessee, it was not able to seek due to the collateral security and provisional seizure established on the real estate of this case, and thereafter filed the lawsuit of this case.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence (including each number), the purport of the whole pleadings

2. According to the determination on the cause of the claim, the instant lease agreement was lawfully terminated upon the lessee’s exercise of the Plaintiff’s right to termination on November 14, 2016, which is the date of delivery of the original copy of the instant payment order, at the latest.

Therefore, the lessor, at the same time, is obliged to pay the Plaintiff KRW 35 million to the Plaintiff the lease deposit with the delivery of the instant real estate from the Plaintiff.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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