(영문) 서울중앙지방법원 2020.06.23 2019나33899

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Reasons

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(영문) 서울중앙지방법원 2020.06.23 2019나33899

보증금반환

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1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and the Plaintiff’s claim corresponding to the above revoked part is revoked.

Reasons

1. Basic facts

A. On November 9, 2016, the Plaintiff and the Defendants jointly owned by the Defendants, including the instant lease agreement, concluded a lease agreement with the following terms: (a) KRW 300 million; (b) the term of lease from November 16, 2016 to November 5, 2018; (c) KRW 22 million each month; and (d) the management fee (hereinafter “instant lease agreement”); and (c) the lessee bears public charges, such as electricity, water, gas charges, etc.; (d) the lessee shall maintain the status of occupancy; and (e) the lessee shall be damaged and the lessee shall be obliged to restore the building to its original state when he/she succeeds to the interior; and (e) the lessee shall bear the brokerage fee at the time of his/her retirement before the maturity.

Since then, the Plaintiff paid the above lease deposit to the Defendants, installed the ceiling-type cooling and heating apparatus (hereinafter “instant cooling and heating apparatus”) on each floor of the instant building, and occupied the instant building.

B. As the Plaintiff was unable to pay rent, etc. from September 2017 due to the aggravation of the financial status from the oil of 2017, the Plaintiff entered into a new lease agreement with the Defendants for prompt rescission of the instant lease agreement, requesting the Defendants to promptly terminate the instant lease agreement and requesting the Defendants to seek a new lessee to leave the lease agreement on November 8, 2017, and it is also possible to restore it to its original state where it is deemed that there is no need to compensate for the facility costs or to install any facilities under consultation with the new lessee, and if the lease is made, the total amount of deposit for the relevant floor 】 total area of deposit / total area of each floor / the lessee of the leased lease / the amount of the relevant floor / the lessee is recovered, and compensation for damages and civil and criminal liability will also be held if the lease is not made up after the conclusion of the lease agreement.

‘A' submitted a written confirmation of retirement of the main point.

Accordingly, the Defendants are to lease the instant building to others.

유사 판례

-서울중앙지방법원 2018.07.06 2016가단5115558

-울산지방법원 2013.04.05 2012노862

-의정부지방법원고양지원 2020.08.14 2019가단14885

-대법원 2011. 3. 24. 선고 2010다95062 판결

-서울고등법원 2018.04.13 2017나2033184