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(영문) 수원지방법원 2016.08.09 2015가단131938
보증금반환
Text

1. The Defendant’s KRW 33,567,685 among the Plaintiff and KRW 3,567,685 among them, shall be KRW 30,00,000 from March 17, 2016.

Reasons

1. Facts of recognition;

A. On August 4, 2011, the Plaintiff agreed to lease the Eel (hereinafter in this case’s Moel) located on the second and third floors from among the 200,000,000, monthly rent of KRW 2,300,000 (including value-added tax), monthly rent of KRW 2,30,000 (including value-added tax), and the lease period from August 28, 201 to August 28, 2013 (hereinafter in this case’s 266.35 square meters in in inn of the second floor, 266.35 square meters in the second floor, 35 square meters in the third floor, and the lease agreement was concluded between August 28, 201 and August 28, 2013.

Upon entering into the instant lease agreement, the Plaintiff paid KRW 55,00,000 as premium to F, a lessee of the instant telecom.

On August 28, 2013, the Plaintiff extended the instant lease agreement with C for two years as of August 28, 2015.

B. C died on November 2014, and the Defendant succeeded to the instant building due to inheritance by agreement division.

C. (1) On April 2015, the Plaintiff notified the Defendant that the term of the instant lease agreement would not be extended, and sought cooperation to recover KRW 55,000,000,000 for the premium paid to the former lessee when accepting the instant her mother, and notified the Defendant that there was a new lessee to pay KRW 35,000,000 for the instant her mother by mail certified as of June 3, 2015.

② On June 4, 2015, the Defendant notified the Plaintiff that the monthly rent would be increased to KRW 5,000,000 (excluding value-added tax) from August 29, 2015, which was the following day following the termination of the instant lease agreement.

③ With the content certification of June 22, 2015, the Plaintiff entered into a lease agreement with the new lessee, or ② finds a new lessee to pay the same level of premium to the Plaintiff as the lessee, or ③ the lessor.

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