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(영문) 대전지방법원 2016.06.22 2015나110063
임대차보증금반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 28,258,140 as well as to the plaintiff on May 2015.

Reasons

1. Basic facts

A. On March 20, 2014, the Plaintiff sold each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). The real estate listed in the separate sheet No. 1 is “instant land” and the real estate listed in the separate sheet No. 2 is “the entire building of this case”) to the Defendant and his wife as the purchase price of KRW 900,000 ( May 30, 2014), and on May 30, 2014, the Plaintiff completed the registration of ownership transfer under the name of the Defendant and C with respect to each of the instant real estate.

B. On the first floor of the entire building of this case, a car center and a household can reside, and a multi-household house can reside on the second floor. On the other hand, there are eight parking spaces where eight vehicles can park (hereinafter “instant parking lot”).

C. Before the instant sales contract, the Plaintiff had resided in the second floor 205 and 206 of the entire building of this case (hereinafter “instant building”). On June 1, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the instant building with the term of KRW 30,000,000, monthly rent, KRW 350,000, and the term of lease from June 1, 2014 to twenty-four months (hereinafter “instant lease agreement”). At that time, the Plaintiff paid the Defendant KRW 30,000,000.

From June 2014 to October 2014, the Plaintiff paid the Defendant KRW 1,750,000 in total monthly rent.

E. On January 30, 2015, the Plaintiff sent a notice to the Defendant that the instant lease contract will be terminated on the ground of interference with the rooftop of the entire building of this case and the use of the parking lot, and the said notice reached the Defendant around that time.

(f) The Plaintiff is a building of this case on February 11, 2015.

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