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(영문) 대전지방법원 2015.05.15 2015나36
임차보증금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

Reasons

1. Basic facts

A. The Defendants are children of G and net C (Death on April 10, 2014, hereinafter “the deceased”).

B. G was owned by G. After G’s death, the deceased completed the registration of ownership transfer on the above land on January 25, 2005. Defendant A and B completed the registration of ownership transfer on the three-story building of reinforced concrete structure sloping roof on the above land on November 27, 1990 (hereinafter “instant building”). The registration of ownership preservation was completed on November 27, 1990.

C. On June 29, 2010, the Plaintiff entered into a lease agreement with the Deceased on the entirety of the first and second floors of the instant building (hereinafter “instant leased”) as follows.

Deposit: 450 million won: A special agreement for a period of 13 million won per month (after June 29, 2010) to June 28, 2012: 24 months from June 29, 2010;

1. The monthly rent of KRW 13 million shall be paid by applying the 20% overdue rate per annum at the time of the delay in the payment of the monthly rent (at least 10 days after the payment date of the monthly rent) on February 2.

4. The monthly rent will be increased by 1.5 million won in the event of a re-contract after the end of this contract (on June 28, 2012).

On June 22, 2012, the time of termination of the contract under the above lease agreement, the Plaintiff renewed the lease agreement with the Deceased, Defendant A, and B (hereinafter referred to as “the Deceased, Defendant A, and B”) on the leased portion as follows:

(hereinafter “instant lease agreement”). Deposit: 50 million won: The term of 18 million won per month (the 20th of June): the special agreement for 60 months from June 29, 2012 to June 28, 2017

1. The rent of KRW 18 million per month shall be paid by applying the rate of arrears of 20% per annum at the time of delay in the payment of monthly rent (at least 10 days before each month rent is paid) on February 2.

5. The lessee may hold office on the second floor, and the lessor at the time of his office is not responsible for any circumstances and does not recognize the key money for facilities that may arise on the second floor.

E. The plaintiff's business.

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