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(영문) 수원지방법원안산지원 2020.01.17 2018가단2554
임차보증금반환 등
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 30,000,000 to the plaintiff.

Reasons

1. Basic facts

A. On May 2014, the Plaintiff leased real estate listed in the separate sheet from C, etc. (hereinafter “instant real estate”) by setting the lease deposit of KRW 30 million, monthly rent of KRW 1.6 million, and the lease term of May 15, 2016.

(hereinafter “instant lease agreement”). B.

According to the instant lease agreement, the Plaintiff paid KRW 30 million to the Plaintiff, and the Plaintiff occupied the instant real estate by the closing date of pleadings, and operated and used a restaurant with the trade name “D”.

C. On September 12, 2017, the Defendant purchased the entire E-ground buildings, including the instant real estate, and completed the registration of ownership transfer regarding the instant real estate around October 27, 2017.

On January 2018, the Defendant sent to the Plaintiff a certificate of content that “I request the restoration to the original state of the part where the instant real estate was altered or damaged, and if I fail to perform, I terminate the instant lease agreement.” By January 20, 2018, the Defendant sent the instant real estate to the Plaintiff.”

E. Meanwhile, on January 11, 2018, the Plaintiff entered into a premium contract with Nonparty F on the facilities, etc. of the instant real estate (120 million won) and introduced a new lessee and recover premium when the instant lease contract renewed to the Defendant is terminated.

“The Defendant notified the purport that the Plaintiff could not enter into a lease agreement with a new lessee because it is expected to directly use the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings

2. According to the facts of recognition as to the claim for the return of the lease deposit, the instant lease contract was terminated on May 15, 2018, which is the expiration date of the renewed lease term, and the Defendant, barring any special circumstance, delivered the instant real estate from the Plaintiff at the same time as the lease deposit to the Plaintiff.

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