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(영문) 서울동부지방법원 2016.07.22 2014가합108124
임대차 보증금 반환 청구
Text

1. The Defendant: (a) KRW 37,968,346 for Plaintiff A and its related costs from September 15, 2014; and (b) KRW 80,465,842 for Plaintiff B Co., Ltd.

Reasons

Basic Facts

D and E (hereinafter referred to as "D, etc.") from the F on October 30, 2003, the second floor of the Gangdong-gu Seoul Metropolitan Government G Building (hereinafter referred to as "G building") was determined from the F to November 1, 2003 to October 31, 2005 as the deposit amount of KRW 100 million, monthly rent of KRW 600,000,000 from November 1, 2003 to October 31, 2005, and the Plaintiff A leased the five floor of the G building from the F on January 8, 2004 to the lease term of KRW 100,000,000,000,000 from January 8, 2004 to the term of January 7, 2006 to operate each Boh Private Teaching Institute.

On March 30, 2004, the defendant succeeded to the status of the lessor by acquiring the ownership of the G Building, and each of the above leases was renewed after the expiration of the lease term.

Plaintiff

A on January 7, 2012, with the Defendant, renewed the lease agreement on five floors of G buildings by setting the deposit amount of KRW 50 million, KRW 6050,000 per month, and the lease period from January 8, 2012 to January 7, 2014.

(hereinafter “One Rental Contract”). D, etc. established Plaintiff B (hereinafter “Plaintiff B”) and transferred his/her private teaching institute business to the said Plaintiff on October 31, 2012, and terminated his/her lease contract with the Defendant. Then, on November 1, 2012, Plaintiff B entered into a lease contract with the Defendant on the second floor of G building with a deposit of KRW 100 million, monthly rent of KRW 720,000,000, and the term of lease from November 1, 2012 to October 31, 2014.

(hereinafter “No. 2 Lease Contract.” On July 24, 2014, the Plaintiffs terminated the “No. 1 and 2 Lease Contract (hereinafter “each of the instant Lease Agreements”) to the Defendant as of August 31, 2014, and delivered the two and five floors of G building to the Defendant on September 14, 2014.

[Reasons for Recognition] Facts without dispute, Gap 1 through 5, 7, 9, 10, 13, 14 evidence (including additional evidence; hereinafter the same shall apply), Eul 6 evidence, and the plaintiff's ground for claim as a whole. According to the facts acknowledged in Paragraph 1, the first lease contract between the plaintiff Gap and the defendant shall be extended to the lease period pursuant to the main sentence of Article 639(1) of the Civil Act.

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