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(영문) 서울북부지방법원 2017.12.20 2017가단123932
보증금반환
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 40,921,50 and KRW 33,820,00 among them, the amount of KRW 40,921,50 shall be KRW 7,101,50.

Reasons

Basic Facts

On November 21, 2011, the Plaintiff entered into a lease agreement with the Defendants with respect to D Apartment Nos. 120 (hereinafter “instant real estate”) of Dobong-gu Seoul Metropolitan Government, the Defendants owned the shares of 1/2, as follows. From December 16, 2011, the Plaintiff operated the window in the instant real estate from around December 16, 201.

Term of lease: Deposit for 24 months from December 16, 201 to December 15, 2013: 40,000 won: KRW 2,640,000 (excluding value-added tax, and payment after 16th of each month) monthly rent shall be borne by the Plaintiff.

From January 15, 2014, the Defendants completed business registration as a general taxable person with respect to the real estate business by making the instant real estate the location thereof from around 2009.

The above lease contract was implicitly renewed and extended on a one-year basis pursuant to the latter part of Article 10(4) of the Commercial Building Lease Protection Act, and the Plaintiff notified the Defendants of the termination of the lease contract around March 29, 2017.

On December 1, 2011, the Plaintiff filed an application for business registration with respect to the instant real estate.

Defendant C donated 1/2 shares to ASEAN on January 12, 2017, prior to the Plaintiff’s notice of termination, and transferred the share transfer registration on January 16, 2017.

【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 3, 4, 10, Eul evidence Nos. 2 and 5 (including provisional number), Eul evidence Nos. 2 and 5 (including additional number), and the purport of the entire pleadings, the plaintiff alleged that the defendant had been changed from the general taxable person on January 15, 2014 to the simplified taxable person (3% of the value-added tax), but the defendant was subject to value-added tax of 10% for the continued monthly rent, and that the defendant agreed that the rent of about 300,000 won was reduced from November 2016, and that the rent of 2,40,000 won was reduced from January 2014 to February 2017.

As to this, the defendant.

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