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(영문) 부산지방법원 2020.09.25 2019나60127
임대차보증금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

Facts of recognition

A. On December 22, 2012, the Plaintiff built the said building as a studio from the Defendant, which is located in Busan Nam-gu, Busan, and changed part of the building for commercial use around that time.

D The store (hereinafter “instant commercial building”) was leased KRW 30,00,000, monthly rent of KRW 1,200,000, and the term of lease from January 16, 2013 to February 26, 2016 (hereinafter “the first lease contract”) and operated a store (hereinafter “instant store”) in the instant commercial building.

B. On February 26, 2015, the Plaintiff concluded a lease agreement with the Defendant, which extends the term of the lease to KRW 1,600,000 per month, and extends the term of the lease to February 25, 2018.

(hereinafter “instant lease agreement”). C.

On February 26, 2018, the Plaintiff, instead of reducing the lease deposit to KRW 20,000,000 between the Defendant and the Defendant, concluded a lease agreement to increase the lease deposit to KRW 1,950,000 per month, and to extend the lease term to February 25, 2021.

(hereinafter “instant third lease contract”). D.

On March 2019, the Plaintiff decided to transfer the instant store to E in premium of KRW 60,000,000, and introduced E to the Defendant as a new lessee.

Accordingly, between E and E on April 4, 2019, the Defendant entered into a lease agreement with respect to the instant commercial building as the lease deposit of KRW 30,000,000, monthly rent of KRW 2,000,000 (excluding value-added tax), and from April 4, 2019 to April 3, 2021, and around that time, the lease agreement between the Plaintiff and the Defendant was terminated.

E. On April 4, 2019, the Plaintiff issued to the Defendant a receipt with the following content (hereinafter “instant receipt”).

The above amount of KRW 20,000,000 was determined as the refund for the contract deposit of the commercial building in this case.

Provided, That this receipt shall be substituted by the failure to submit a document due to the loss of the contract.

[Reasons for Recognition]

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