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(영문) 서울중앙지방법원 2018.01.11 2017가단5046512
임대차보증금반환 청구의 소
Text

1. The Defendant’s KRW 87,030,00 for the Plaintiff and KRW 5% per annum from February 1, 2017 to March 14, 2017.

Reasons

1. Facts of recognition;

A. On July 5, 2010, the Plaintiff entered into a lease agreement with C during the period from July 9, 2010 to July 9, 2011, and owned 1,761.26/1,79/1,941.77/1,00 of the shares of D. The Defendant sold the shares of G on April 16, 201 to Nonparty and G on April 9, 201, with respect to the fourth floor (hereinafter “the instant building”). The Defendant sold the shares of G on the following grounds: (a) KRW 100 million; (b) monthly rent KRW 3.4 million; (c) from July 9, 2010 to July 9, 201; (d) KRW 1,761.49/1,000; (c) KRW 179/1,941; and (c) the Defendant sold the shares of the instant building to Nonparty and G on April 16, 2013.

C. On October 8, 2014, the Plaintiff and the Defendant maintained the lease deposit of KRW 100 million with respect to the instant building, and renewed the lease by setting the monthly rent of KRW 3,70,000 (Additional Tax Separate), management expenses of KRW 600,00 (Additional Tax Separate), and the period from October 9, 2014 to October 9, 2015. The said lease was implicitly renewed on October 9, 2015, and then the said lease was renewed on September 27, 2016, before the expiration of the period, but was not renewed upon the Defendant’s refusal to increase the rent of the Plaintiff on September 27, 2016.

On January 31, 2017, the Plaintiff removed facilities installed in the instant building to operate dental services and delivered the instant building to the Defendant.

E. The sum of the rent and management expenses that the Plaintiff had not paid from October 10, 2016 to January 30, 2017 is equivalent to the rent and management expenses for two months from November 9, 2016 to January 8, 2017: 9.460,00 won [=470,000 won (=60,000 won for monthly management expenses for rent of 3.7 million won) x 1.1 x 2 months) equivalent to 9.66 million won for the rent and management expenses for two months from January 9, 2016 to January 31, 2017.

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