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(영문) 서울남부지방법원 2018.03.14 2017가단201228
임대차보증금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 3,004,774 to the Plaintiff (Counterclaim Defendant) and the amount from January 22, 2016 to March 14, 2018.

Reasons

【Main of a principal lawsuit and counterclaim”

1. Basic facts

A. The Plaintiff is a lessee who leased the second and third floors among the five-story buildings located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”). The Defendant purchased the instant building and succeeded to the lessor’s status by completing the registration of ownership transfer on November 11, 2015.

B. (1) On June 25, 2014, the Plaintiff entered into a lease agreement between B and B with the second floor of 60,000,000 won as lease deposit, monthly rent of 2,30,000 won as management expenses (excluding value-added tax, payment on June 25, 2015), and with the lease term of 20,000 won as lease deposit, ② on January 21, 2015, the third floor of the instant building as of January 21, 2015, with the lease deposit of 20,000 won as lease deposit, monthly rent of 2,350,000 won as management expenses (including payment on June 21, 201), and the lease term of 10,000 won as of January 21, 2016.

(2) The Plaintiff stated that B had no intention to renew the lease of the second floor of the instant building before the end of the lease, and that B had to maintain the previous lease relationship with respect to the second floor until the completion of the lease with the consent of B.

C. Meanwhile, after the change of the owner of the instant building, the Plaintiff completed the relocation of the second floor and the third floor office of the instant building on November 26, 2015, and subsequently completed the removal work for the restoration to the original state, and finally completed the construction work on December 25, 2015, and completed the removal work on December 25, 2015.

The Plaintiff, until November 11, 2015, completed the settlement of the rent that occurred by November 11, 2015, but did not pay the rent and the public charge incurred thereafter to the Defendant, on December 28, 2015, sent to the Defendant a certificate of the content that demands the return of the remainder, excluding the unpaid rent and the public charge, from the total sum of the lease deposit, to the Defendant.

E. However, the defendant did not complete the restoration work properly, and thus, the lease deposit shall be paid until the restoration is completed.

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