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(영문) 서울중앙지방법원 2020.10.28 2019가단5117593
임대차보증금
Text

The Defendants jointly share KRW 100,000,000 with respect to the Plaintiff and 5% per annum from August 5, 2018 to October 28, 2020.

Reasons

1. Facts of recognition;

A. On November 4, 2016, the Defendants concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff stating that the lease deposit is KRW 100 million from November 5, 2016 to January 4, 2018, the lease deposit is KRW 1320,000 (including prepaid and value-added tax each month), and received KRW 100,000,000 from the Plaintiff. The terms and conditions of the agreement and special agreement at the time are as follows.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

Matters of special agreement

1. Current facilities shall be leased under the current state, and the area entered in the public register shall be larger;

4. For the purpose of this lease, facilities such as interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior terms and conditions of the use shall be restored to the lessee's expense after the expiration of the lease and delivered to the lessor.

(E) On June 1, 200, the lessor's consent is obtained when the lessee uses the H deposit for any other purpose; 6. The amount remaining after the settlement of the H deposit from the deposit to the H legal account after paying the deposit, after deducting the electricity tax, monthly tax, and monthly tax, and after paying the deposit 100 million won, shall be treated as the remittance of the deposit to the H legal account, and A shall receive the facility directly from H.

13.Compensation for the establishment of a road, among leased property, shall be received by lessors and shall be maintained without any change in the lease;

B. At the time of the conclusion of the instant lease agreement, the Plaintiff, who was constructing an I apartment building in the Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “I apartment”) adjacent to the instant real estate, leased the instant real estate from the Defendants, first of all, around November 5, 2016, and leased it from the Defendants.

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