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(영문) 서울남부지방법원 2016.07.01 2016나1026
임대차보증금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the additional payment order shall be revoked.

Reasons

1. Basic facts

A. The Defendants shared the second floor No. 203 (hereinafter “instant building”) located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) at each 1/2 share ratio.

B. On November 27, 2012, the Plaintiff leased the instant building from the Defendants as KRW 15,00,000, monthly rent of KRW 1,600,000, and from November 30, 2014 from December 1, 2012 to November 30, 2014, the Plaintiff agreed to separately pay the lease fees as the subsequent payment on the last day of each month, and the management fees and value-added tax (hereinafter “instant lease”).

C. Meanwhile, from February 2013, the Plaintiff did not pay the rent from June 2013 to the late payment date.

Accordingly, the Defendants filed an application against the Plaintiff for the conciliation of the name map of a building with the Seoul Central District Court 2013ss. 47619. On September 3, 2013, the conciliation was conducted between the Plaintiff and the Defendants, stating that “In the event that the Plaintiff’s failure to perform his/her obligations under the above conciliation procedure is subject to compulsory execution, the Plaintiff shall bear expenses incurred in execution along with monthly rent, management expenses, and other taxes and public charges to be paid by the Plaintiff” (hereinafter “instant conciliation”).

On October 25, 2013, after the conclusion of the instant conciliation, the Plaintiff paid KRW 6,000,000 to the Defendants, including that of 6. minute, but thereafter, did not pay rent.

Accordingly, the Defendants filed an application for compulsory execution with the Seoul Southern District Court 2013No6854, based on the instant protocol of mediation, respectively, and prepaid KRW 97,750 on December 24, 2013 and KRW 37,000 on September 17, 2014 as compulsory execution expenses.

E. Meanwhile, on October 10, 2014, the Defendants urged the Plaintiff to pay the rent in arrears, and sent a written notification informing the Plaintiff that he/she had no intent to renew the contract after the expiration of the instant lease agreement. On December 8, 2014, the Plaintiff sent the instant real estate to the Defendants.

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