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(영문) 수원지방법원여주지원 2015.06.19 2015가단61
관리비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 31, 2012, the Plaintiff leased the D Co., Ltd. (hereinafter “instant D Co., Ltd”) located in the Defendant, which was owned by the Defendant, from May 31, 2012 to June 11, 2014, the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,000,000, and the period from June 11, 2012 to June 11, 2014.

(hereinafter “instant lease agreement”). B.

Since then, the Plaintiff was in arrears for more than 12 months, and on April 18, 2014, the Plaintiff agreed to waive all rights under the instant lease agreement other than the balance of the deposit after deducting the overdue rent from the Defendant, and to waive the rights to facilities and fixtures not disposed of by June 10, 2014.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings

2. The plaintiff asserts that since the lease contract of this case was terminated upon the expiration of the period, the defendant is obligated to pay the plaintiff the premium of KRW 30 million.

The payment of premiums, which is incidental to the lease of a building for business use, is not a content of the lease contract, and is not a type of the object, such as business facilities, fixtures, etc., or the object of the lease contract itself, or the transfer of intangible property value, such as business interest, etc. according to the location of the store, business interest, etc., or the cost for use for a certain period. In the event that the premiums have been paid from the lessee to the lessor, the lessor is not obligated to return the premiums unless the acquisition of the tangible and intangible property value or the use for the agreed period is effective, and the lessee can recover the amount of the premiums by transferring or using the property value to another person, as incidental to the opportunity for the transfer or sub-lease of the lease, unless otherwise agreed to by the first lessee.

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