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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Facts of recognition;
A. On September 19, 1998, the Plaintiff’s name address of Pyeongtaek-si D and E-ground road from Pyeongtaek-si is “ Pyeongtaek-si G.”
The building of this case was purchased at KRW 36,00,000 in the price for 1st, 2nd, 1st, 70.3 square meters (repair stores), and 13.5 square meters of vehicle-related facilities (the combination of all the above buildings; hereinafter referred to as “instant building”). On September 21, 1998, the registration of ownership transfer in the name of the Plaintiff was completed with respect to the instant building.
B. On September 20, 1998, the Plaintiff entered into a lease agreement with the Defendant on the condition that the Plaintiff will lease the instant land as KRW 3,000,000, monthly rent of KRW 400,000, and the lease term of KRW 36 months with respect to the instant land and the instant building (hereinafter collectively referred to as the “instant real estate”) with the Defendant, Pyeongtaek-si D, and E (hereinafter collectively referred to as “F”), and thereafter, the lease agreement on the instant land has been renewed at implied time or increased to KRW 700,000 on the monthly rent of KRW 70,00 on the same condition as the Plaintiff and the Defendant.
C. On April 10, 2015, the Plaintiff entered into a lease agreement with the Defendant to lease the instant real estate by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 1,000,000 (including value-added tax, the last day of each month), and the lease term of February 29, 2016, and the main contents thereof are as follows.
(hereinafter referred to as the “instant lease agreement”). [The instant lease agreement] Article 5 (Termination of the instant lease agreement) (1) In the event that the instant lease agreement is terminated, the Plaintiff shall restore the instant real estate to its original state and return it to the Defendant.
(2) In cases falling under paragraph (1), the defendant shall refund the lease deposit to the plaintiff, and if there is any overdue rent or damages, the defendant shall refund the balance excluding them.
The defendant shall enter into a special agreement at the same time as the instant lease agreement.