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(영문) 서울중앙지방법원 2016.09.28 2016나36422
초과 지급한 정산금 반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On April 29, 2009, the Plaintiffs leased D, who is the Defendant’s husband, the third floor of 199.6 square meters (hereinafter “third floor building of this case”) from among the land buildings in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the lease deposit of KRW 50,00,000, monthly rent of KRW 4,950,000 including value-added tax (the rent of this case shall be paid after July 31, 200, but the initial date of the rent was determined from July 1, 2009) and the lease of the rent of KRW 4,950,000 from May 31, 2009 to May 30, 2011.

B. On April 29, 2009, the Plaintiffs leased to F the fourth 4th 172.52 square meters of the building in Gangnam-gu, Seoul (hereinafter “instant 4th story”) among the buildings, and the instant 3rd story and the instant 4th story to the end of May 30, 2011, the lease deposit amount of KRW 50,000,000, monthly rent including value-added tax, and KRW 3,850,000 (the rent shall be paid at the end of July 31, 2009, and the initial date in reckoning the rent shall be determined as from July 1, 2009).

C. On November 1, 2010, the Defendant proposed that the Plaintiffs succeed to the lessee status of the instant fourth-rise building from F, and the Plaintiffs and the Defendant drafted a lease agreement with the Defendant, setting the lease period from November 1, 201 to October 3, 2050, including the lease deposit amount of KRW 50,000,000, value added tax (payment after January 1, 201), and the lease period of KRW 3,850,000, including value added tax (payment after October 1, 201).

Since then, the lease contract on the building of this case was renewed by implied renewal, and the defendant suggested that the plaintiffs succeed to the status of the lessee of the building of this case of this case of the third floor.

Accordingly, on July 1, 2012, the Plaintiffs and the Defendant drafted a lease agreement with the Defendant, setting the lease period from July 1, 2012 to June 30, 2013, which was from July 1, 2012, including the lease deposit amount of KRW 100,000,000, monthly rent of KRW 8,800,000 (payment after July 1, 201), and the lease period from July 1, 2012 to June 30, 20

The contract under the above lease contract is a case.

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