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(영문) 수원지방법원 2018.09.18 2017가단538502
보증금반환
Text

1. The defendant shall pay KRW 150,000 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Determination on the cause of the claim

A. (1) On April 11, 2006, the Plaintiff entered into a lease agreement and operated a household enterprise with the trade name “E” after concluding the lease agreement, setting the lease deposit amount as KRW 150 million, monthly rent as KRW 50 million, and KRW 5 million.

(B) On April 30, 201, the Plaintiff newly concluded a lease agreement with C and F, and with respect to the land and buildings above, by setting the lease deposit of KRW 150 million, monthly rent of KRW 6.4 million, and April 30, 2015. The said lease agreement was implicitly renewed on April 30, 2015, and the lease term was extended until May 30, 2017.

(C) On May 10, 2017, the Defendant purchased 1/2 shares out of the ground buildings on the land of Ilyang-gu Seoul Metropolitan City G land (hereinafter “G land”) divided from F in the instant land.

(D) On May 31, 2017, the Plaintiff entered into a lease agreement with the Defendant on May 31, 2017, setting the lease deposit amount of KRW 150 million with respect to Hdong (1/2 without permission of 525.87m2, 470.69m2, hereinafter “instant building”) among the buildings indicated in the foregoing paragraph (a) on the land located on G, as of April 30, 2019, by the end of April 30, 2019.

(hereinafter “instant lease agreement”). The terms and conditions of the instant lease agreement stipulate that “a lessee is aware of an urban development zone and this agreement is a contract to renew the existing lease agreement, and the original contract is added thereto.”

(2) On March 6, 2009, the Plaintiff and the I Area Urban Development Association (A) entered into a compensation consultation agreement between the Plaintiff and the I Area Urban Development Association (hereinafter “instant association”) with respect to the designation and development plan as an urban development zone with respect to the Jdong Zone including G land under Articles 3 and 4 of the Urban Development Act, and obtained authorization of the implementation plan pursuant to Article 17 of the Urban Development Act on July 18, 2014.

(B) The instant case.

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