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(영문) 서울북부지방법원 2015.09.18 2015가단17781
임대차보증금
Text

The defendant shall pay 50,00,000 won to the plaintiff and 20% per annum from April 2, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 12, 2014, the Plaintiff leased all of the facilities owned by the Defendant (including guest rooms 29 rooms for accommodation, excursion ships wharfs, swimming pools, etc.) located in Gyeonggi-gun, Gyeonggi-do, as a lease deposit amount of KRW 50 million, annual rent of KRW 130 million (excluding value-added tax, KRW 80 million, an amount of value-added tax of KRW 31, March 31, 2014, and KRW 50 million, the amount of KRW 50 million shall be paid on September 30, 2014), and the period of delivery (from April 30, 2014) and KRW 24 months.

(hereinafter “instant lease agreement”). B.

On March 26, 2014, after the instant lease agreement, the Plaintiff and the Defendant agreed to provide the Plaintiff with all necessary documents for lodging and reporting on the business of the lodging and the excursion ship wharf so that leased real estate and facilities may be used according to the Plaintiff’s purpose of lease.

C. On January 8, 2014, the Plaintiff agreed to lease the leased object of the instant case from the Defendant, and paid KRW 50 million to the guest room, which is the leased object of the instant case, before entering into a contract for the purpose of changing the purpose of use to the accommodation establishment. After entering into the instant lease agreement, the Plaintiff paid KRW 80 million on or after the end of March 2014 in accordance with the instant lease agreement.

The passenger room, which is the object of the instant lease, has become a business facility (officetel), and the purpose of use should be changed to a lodging facility, the Plaintiff can legally file a report on the accommodation business and operate the accommodation business. The Defendant intended to change the purpose of use to a lodging facility pursuant to an agreement with the Plaintiff, but the Defendant did not change the purpose of use to a lodging facility with 120,000 out of 29, and did not change the use

E. On April 30, 2014, the Plaintiff received the leased object of the instant case from the Defendant and operated a lodging business, etc., and notified the Defendant of the termination of each of the instant lease agreements on September 25, 2014 and October 31, 2014 due to the Defendant’s failure to change the purpose of use, and delivered the leased object of the instant case to the Defendant on October 31, 2014.

[Ground for recognition] A.

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