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(영문) 서울중앙지방법원 2018.01.11 2017나41513
임대차보증금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Management expenses under Article 4 of the fact of recognition;

1. For the management and operation of a building, a lessee shall pay 500,000 won (excluding value-added tax) for the management and operation of the building in advance, separately from the rent, to the mutual agreement account that the lessor notifies by 10 days before the due date of each month;

When the late payment charges, rental fees, management expenses, etc. are in arrears, the late payment charges shall be paid in accordance with the following formula:

Arrears = Amount of arrears 】 18% 】 (number of days of delay / 365) 】 cancellation before the deadline under Article 7.

1. In principle, cancellation due to the circumstances of the lessee before the expiration of the contract period is not recognized.

Provided, That where it is inevitable, the lessee shall notify the lessor of such fact in writing 60 days prior to the cancellation and request the approval of the cancellation.

2. If the cancellation under the preceding paragraph is approved, the lessor shall collect 10% of the rental deposit as a penalty and refund the balance of the rental deposit within 30 days from the cancellation date.

Provided, That it shall be limited to where the surrender and restoration to the original state is completed.

Article 11. Change of Structure and Devices for Internal Facilities

3. Where the lessee voluntarily installs the leased object without obtaining an order or prior approval due to the expiration, etc. of the contract, the lessee shall, at the request of the lessor, restore the current state or original state at the time of the lease to the original state.

4. If a lessor fails to comply with the foregoing three paragraphs, he/she may arbitrarily restore it to its original state and claim the lessee to reimburse the expenses, and the lessee may not claim against the lessor all rights to the facilities, such as ownership;

Article 12 Return of Deposit

2. If the lessee is liable for rent, etc., the lessor shall refund the balance after deducting it from the rental deposit.

Where there is a reason falling under any of the following subparagraphs of a contract in violation of Article 13, a lessor may cancel at will without going through a peremptory notice or litigation procedures separately, and a lessee (hereinafter referred to as "non-standing lessee") shall raise an objection thereto.

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