(영문) 인천지방법원 2019.11.21 2018가합54001

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(영문) 인천지방법원 2019.11.21 2018가합54001

임대차보증금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendant, along with C, is the 2nd E-story, 992 square meters on the ground D, Nam-gu Incheon Metropolitan City, Incheon, and the 3rd floor F, 992 square meters (hereinafter “instant building”).

(2) On March 14, 2017, G is a lessee who leased the instant building from the Defendant, and the Plaintiff is a transferee of the claim under a lease agreement that G owns against the Defendant around March 20, 2018.

3) According to the building ledger on the instant building, on February 2, 2015, the second floor E of the instant building was changed to a neighborhood living facility (public bath, general restaurant, resting restaurant, and physical training hall) in a wedding hall. The third floor F was changed to a neighborhood living facility (public bath). B. On March 14, 2017, the Defendant entered into a lease agreement with G on the instant building (hereinafter “instant lease agreement”) with G with regard to the instant building as follows.

Lease contract

2. Article 1 of the Terms and Conditions of the Contract / [Purpose] Article 1 of the Terms and Conditions of the Contract / 200 million won of a deposit deposit of KRW 50 million in an intermediate payment of KRW 50 million shall be paid on April 15, 2017.

Any balance of KRW 100 million shall be paid in May 15, 2017.

The rent of KRW 15 million shall be paid at the 15th (after payment) per month.

Article 2 [Duration] A lessor shall deliver the above real estate to a lessee by May 15, 2017 in a condition that it can be used for the purpose of the lease, and the term of lease shall expire on March 15, 2020 (36 months).

Article 4 [Termination of Contract] If the lessee's delayed amount of rent falls short of the three-term rent, or if the lessee violates Article 3, the lessor may terminate this contract without delay.

Special agreement - Lease under the present facilities.

- A contract without any defect in the certified copy of the register, the lessor shall maintain the current state of the register before the payment of the balance, and the lessee may rescind the contract if any defect or change occurs in the register.

- Taxes and public charges shall be settled on the basis of the balance date.

- A monthly deposit account:

유사 판례

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