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(영문) 대전지방법원 홍성지원 2018.06.26 2017가단7255
전세권설정등기 말소
Text

1. The defendant shall receive KRW 8520,00 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On April 18, 2011, the Defendant entered into a lease agreement with C on the instant store owned by C, and registered for the establishment of chonsegwon (hereinafter “registration for the establishment of chonsegwon”) with respect to the instant store as follows: (a) on April 19, 201, by the Daejeon District Court Red support 7362, which was received on April 19, 201, the Defendant: (b) registered the person having chonsegwon with the right to lease on a deposit basis with the Defendant and the deposit money for lease on a deposit basis.

B. On October 25, 2012, the Plaintiff acquired the ownership of the instant store, and succeeded to the said lease agreement between C and the Defendant.

C. On April 13, 2013, the Plaintiff and the Defendant concluded a lease agreement with the effect that the instant store is KRW 50 million per month, KRW 650,000 per month, and the term of lease until April 12, 2015 (hereinafter “instant lease agreement”). At the time of termination of the lease agreement, the Plaintiff and the Defendant agreed to reinstate that “the lessee shall restore the said real estate to its original state and deliver it to the lessor. Upon termination of the lease, the lessee shall remove the facilities installed at the time of the lease.”

The instant lease agreement was renewed and terminated on April 12, 2017. The Plaintiff paid only KRW 40 million to the Defendant on April 17, 2017, and the Defendant delivered the instant store to the Plaintiff on April 20, 2017.

E. On August 10, 2017, the Plaintiff paid KRW 1,602,120 deducting KRW 7,30,000,000 in terms of the cost of restoring the lease deposit, KRW 1,30,000 in terms of the cost of restoring the store of this case, KRW 1,602,120 in the amount of the rent for two months overdue, and KRW 67,880 in the amount of the overdue management fee, and KRW 67,930 in the amount of the overdue management fee, and KRW 1,30,000 in the amount of the overdue rent, the Plaintiff again paid the Defendant the overdue management fee and the amount of the rent to the Defendant on September 21, 2017.

At present, the lease deposit which the plaintiff did not return to the defendant remains 7,30,000 won in the name of the restoration cost.

F. Meanwhile, the Plaintiff on August 29, 2017.

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