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(영문) 인천지방법원 2020.10.22 2019가단238335
임대차보증금
Text

The defendant's KRW 33,949,600 to the plaintiff and 5% per annum from June 29, 2019 to October 22, 2020.

Reasons

1. Basic facts

A. On March 13, 2011, the Plaintiff, from C and D on March 13, 201, leased the lease deposit of KRW 15 million, monthly rent of KRW 600,000,000, and from March 18, 2011 to March 18, 201, operated the real estate real estate agent office in the above real estate.

Since then, the instant lease contract was renewed several times.

B. Meanwhile, the Defendant purchased the instant real estate from C and D on January 31, 2018 and completed the registration of ownership transfer, and succeeded to the lessor’s status under the instant lease agreement.

From the end of February 2018, the monthly rent of the instant lease agreement increased to KRW 6,40,000.

C. On February 28, 2019, the Plaintiff concluded a premium contract with G to become a new lessee of the instant real estate and notified the Defendant thereof. However, the Defendant refused to conclude a lease contract with G on March 14, 2019.

On April 2, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement pursuant to Article 10(5) of the Commercial Building Lease Protection Act, and the said notification reached the Defendant on April 3, 2019.

E. On April 10, 2019, the Defendant notified the Plaintiff that “The Plaintiff will enter into a lease agreement with G with monthly rent of KRW 1.2 million with the monthly rent of KRW 15 million.”

G refused this, and the premium agreement between the Plaintiff and G was terminated.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 11, Eul evidence Nos. 1, 2, 13, and 14 (including additional numbers), the witness G testimony, and the purport of the whole pleadings

2. Assertion and determination

A. Although the Plaintiff asserted that the premium was paid to G was set at KRW 48 million and concluded the instant premium contract with G and arranged G to be a new lessee, the Defendant refused to enter into a lease contract, such as requesting a considerable high rent deposit and rent without justifiable grounds.

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