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(영문) 서울동부지방법원 2020.07.22 2019가합114018
임대보증금 반환 및 손해배상 청구
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Plaintiff-Counterclaim Plaintiff.

Reasons

1. Basic facts

A. The party status network E (Death on December 2, 2016) is the person who was the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), and Defendant B, as the child of the network E, Defendant B inherited the network E’s property 2/7, the Selection C, and D, respectively.

B. 1) The network E entered into a lease agreement on the instant real estate (hereinafter “F”) on October 21, 2010.

As to the instant real estate between October 21, 2010 to October 21, 2015, the term of lease was set as KRW 20 million, KRW 20 million, monthly rent, and KRW 2.2 million with regard to the instant real estate (hereinafter “instant F Contract”).

(2) On December 5, 2011, the network E concluded a lease agreement with respect to the instant real estate (hereinafter “G”) with the term of lease from December 5, 201 to December 5, 2015, setting the lease agreement as KRW 20 million, monthly rent of KRW 22 million (hereinafter “instant G agreement”), and the lessee agreed to invalidate the lease agreement at the time of default of rent of at least three months due to a special agreement.

3) On October 8, 2012, the network E entered into a lease agreement with the Plaintiff and the instant real estate with the term of lease from October 8, 2012 to October 7, 2017, setting the deposit amount of KRW 20 million, monthly rent of KRW 22 million (hereinafter “instant lease agreement”).

A) On September 11, 2015, a notary public entered into an extension contract that extends the term of the instant lease agreement by October 8, 2019, and received certification from the Ministry of Justice H, etc. (hereinafter “the instant judgment”). (c) On September 20, 2016, the Suwon District Court rendered a judgment on July 20, 2016 that “G shall surrender the said real estate to the deceased E” (hereinafter “the instant judgment”). At the same time, the said judgment became final and conclusive (hereinafter referred to as “the instant judgment”).

(i) [Facts 1, 2, 6] and 5.0

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