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(영문) 부산고등법원(창원) 2015.08.13 2014나2306
임대차보증금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”)

On December 28, 2006, between the Republic of Korea (the Ministry of National Defense) and the Republic of Korea (the Ministry of National Defense) entered into a public-private partnership agreement with the effect that F will be newly built and leased in the Chang-si, Jinhae-si, Chang-si, Seoul (including E) House D (including E). B completed the construction of apartment and auxiliary facilities subject to the said public-private partnership project, and entered into a lease agreement with the provisional development company on January 24, 201 to lease 5,401 square meters of neighborhood living facilities, such as shopping malls, which are ancillary facilities, for 20 years.

B. On February 201, a lease agreement was concluded between H and H that carries on a real estate rental business with the trade name of G, with the terms that a lease agreement was concluded between H, setting the lease deposit amount of KRW 3.4 million, monthly rent of KRW 4,284,00 (excluding value-added tax), and from March 1, 2011 to February 28, 2016, with the term of lease of KRW 33.4 million, monthly rent of KRW 4,284,000 (excluding value-added tax) as well as the term of lease.

C. On February 5, 201, H entered into a lease agreement between the Defendant and the Defendant on the condition that the instant real estate is leased KRW 33 million, monthly rent of KRW 10,50,000 (in addition to value-added tax, monthly rent of KRW 8,610,00 and KRW 5,100,000, respectively, over two occasions) with the Defendant with the consent of the virtual development (hereinafter “instant lease agreement”). The lease agreement was concluded between the Defendant and the Defendant to lease the instant real estate by setting the lease term from March 1, 201 to February 28, 2016 (hereinafter “instant lease agreement”).

On February 12, 2011, the Defendant entered into a sublease contract between the Plaintiff and the Plaintiff with the consent of H to set the lease deposit of KRW 100 million and the lease deposit of KRW 247.5 square meters from March 1, 2011 to February 28, 2016. The Defendant entered into a sublease contract with the Plaintiff on July 13, 201.

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