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(영문) 인천지방법원 2020.11.04 2020가단232111
보증금반환
Text

The Defendants jointly pay 18,724,000 won to the Plaintiff.

The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

A. On April 28, 2019, the Defendants: (a) leased three floors among the buildings of Gyeyang-gu Incheon Metropolitan City E and F ground (hereinafter “instant building”) as lease deposit amount of KRW 20,000,000; (b) monthly rent of KRW 1,60,000; and (c) lease period of KRW 1,60,000; and (d) May 14, 2019 to May 14, 2021.

B. As to the instant building, G was subject to a mutual master’s business report of H (hereinafter “the instant cartel”), and D succeeded to the status of a business entity following the said business report by around the time of the lease agreement.

C. Since then, the Defendants and D agreed to terminate the above lease agreement.

On June 11, 2019, the Defendants: (a) leased the instant building to the Plaintiff KRW 20,000,000; (b) monthly rent KRW 1,450,000 (excluding value-added tax); and (c) fixed the lease term from June 11, 2019 to June 11, 2021.

(hereinafter “instant lease agreement”). On the same day, the Plaintiff paid the Defendants KRW 20,000,000 as lease deposit, and received delivery of the instant building.

E. D immediately after the conclusion of the instant lease agreement, the Incheon Gyeyang-gu Office reported the closure of the instant franchise.

F. Meanwhile, the land of Gyeyang-gu Incheon is a third-class general residential area under the National Land Planning and Utilization Act and a relative protection zone under the Act on the Protection of Educational Environment.

(1) Restrictions on the use, type, scale, etc. of buildings within the specific-use area under Article 76 (1) of the Act shall be as follows:

5. Buildings that can be constructed within a Class-III general residential area: Structures prescribed in attached Table 6 and listed in attached Table 6 shall be as follows;

Article 9 subparagraph 27 of the Act on the Protection of Educational Environment (Prohibited Acts, etc. in Educational Environment Protection Zones) shall be any of the following acts and acts in educational environment protection zones in order to protect the health and sanitation, safety, learning and educational environment of students:

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