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(영문) 부산지방법원 2017.11.30 2016나6702
임대차보증금
Text

1. An appeal against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) and a selective counterclaim added at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 30, 2005, the Plaintiff entered into a lease agreement with the Defendant to lease a commercial building listed in the separate sheet No. 1 (hereinafter “instant commercial building”) with the lease deposit of KRW 40 million, monthly rent of KRW 1.4 million, and the lease term of KRW 1.4 million from September 30, 2005 to September 29, 2007 (hereinafter “instant lease agreement”). The Plaintiff succeeded to the main shop, business facilities, household appliances, and funeral equipment installed by the former lessee and then paid KRW 40 million to the Defendant around that time.

The main contents of the instant lease agreement are as follows.

Article 5 of the real estate lease contract may be reconstructed or altered under the approval of the lessor, but the special agreement to be a restoration key at the expense of the lessee before the date of return of the real estate is to be entered: It is necessary to restore the existing land to its original state at the time of restoration in the following page.

Matters to be entered into a special agreement (a short term);

1. The lessee shall also collect any article attached to the building at the time of the name of the above building, and shall not make any claim against the lessor for money under any name, such as the deposit deposit, non-exclusive facility cost and beneficial cost, and shall pay the deposit at the time of the completion of the contract and pay the monthly rent if any.

1. The lessor shall not be fully responsible for the cost of rights and facility;

1. A lessee shall not be held liable for any damage to the lessee, and shall compensate the lessor for the damage and restore the facility to its original state, if he/she is unable to modify or lose the facility.

B. After that, the instant lease agreement was extended, but it terminated on December 1, 2014.

C. On December 1, 2014, the Plaintiff returned the key to the instant commercial building to the real estate brokerage office that was delegated by the Defendant for the conclusion of a lease contract and removed the key from the instant commercial building.

After September 15, 2015, the Plaintiff is in the commercial building of this case where the lawsuit of this case is pending.

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