(영문) 서울서부지방법원 2019.05.17 2018나36841

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(영문) 서울서부지방법원 2019.05.17 2018나36841

임대차보증금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 22, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 170 million (the contract amount of KRW 15 million and the intermediate payment of KRW 45 million as of April 28, 2017 and KRW 100 million as of May 19, 2017) with the Plaintiff for cement brick house of KRW 60.2 square meters (hereinafter “instant land”) on the ground of cement brick building of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant land”) from the Defendant to May 18, 2019 (hereinafter “instant lease agreement”). The key contents of the instant lease agreement are as follows:

Matters of special agreement

4. The lessor shall bear the costs of replacing the basic facilities, such as gas boiler, water pipes, and dials, with respect to costs of breakdown and repair of leased facilities, and the costs of replacing expendable goods and destroying facilities.

5. Change of the person entitled to provisional registration, E and the defendant to the lessee before paying any balance shall be made in the name of the plaintiff.

7. A lessee shall not interfere with the sale, purchase, or lease of a lessor when a building is ordered to be located;

If a disturbance occurs, he/she shall compensate the lessee for damages of KRW 10,000 per day, and shall visit the lessee after giving prior notice.

8. At the time of the surrender of a building, the present lessee shall be ordered to receive the new lessee's deposit, and the down payment shall be paid 10% first to the lessee.

The special agreement clause is a special agreement that leases approximately 40% of the lease deposit at a low rate.

B. On May 20, 2017, the Plaintiff and the Defendant agreed to terminate the instant lease agreement (hereinafter “instant agreement”) and drafted a written agreement with the following contents (hereinafter “instant agreement”). On May 20, 2017, the Plaintiff transferred the instant house to the Defendant.

Agreement on Waiver of Contracts

1. On May 20, 2017, the lessor, the lessee, and the Plaintiff waives the contract.

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