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(영문) 인천지방법원 2018.07.10 2017가단224806
임대차보증금
Text

1. As to the Plaintiff KRW 96,00,000 and KRW 93,000 among them, the Defendant shall pay to the Plaintiff KRW 96,00,000 from September 22, 2016, and KRW 3,00,00.

Reasons

1. Basic facts

A. The Defendant owns the land and the commercial buildings on the land of Gyeyang-gu Incheon Metropolitan City (hereinafter “instant land/building”).

B. On October 13, 2015, the Plaintiff entered into a lease agreement with the Defendant to lease the instant land and buildings with a deposit of KRW 120,00,000 (in the event of a contract, the balance of KRW 30,000,000 shall be paid until February 26, 2016), KRW 6,00,000 for rent, and the period from February 26, 2016 to February 26, 2024 (hereinafter “instant lease agreement”).

However, the plaintiff removed the building of this case and planned to operate an accelerator in his place, and stipulated the following special terms in the lease contract:

It shall be leased in the current state, and removal and other matters shall be decided by the lessee himself/herself.

Other matters shall be governed by the Civil Act, the Lease Protection Act, and the general practices of real estate lease contracts.

The current tenant shall be a lessor's name and shall be transferred to another person on the basis of the balance date.

The lease term shall be eight years, and all the construction and facilities shall be registered at the time of construction permission and completion of a building in the name of the lessor, and the lessee shall bear all the expenses incurred therein.

In order to prevent problems that may arise later after the expiration of the contract period, the lessor and lessee will prepare a protocol of compromise and notarized.

As of the balance date, a rental deposit is pre-paid and ordered the present lessee, but with regard to the meaning of this provision, the lessor grants a grace period of two months for the remainder date, and the lessor grants a grace period of two months, there is no dispute between the parties to be exempted from the Plaintiff’s obligation to pay rent for two months in consideration of the removal period of the instant building.

If the current tenant's reputation is promptly made, the balance shall be settled in advance.

C. On October 14, 2015, the Plaintiff paid the Defendant the down payment of KRW 30,000,000,000, and the construction work of new building was iced by the Sejong Deputy Director.

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