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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. Basic facts
A. On August 29, 2006, the Plaintiff and the Defendants leased 33 square meters of the 1st floor of the Dongdaemun-gu Seoul Metropolitan Government D ground building (hereinafter “instant store”) from the Defendants as deposit 10,000,000 won, monthly rent 350,000 won (hereinafter “instant lease contract”). On August 29, 2006, the Plaintiff operated real estate brokerage business with the trade name “E” at the instant store.
The instant lease agreement was renewed under the same condition, and the Defendants requested to increase the lease deposit amount of KRW 30,000,000 and KRW 1,000,000 per month of rent, around August 2014, and the renewal contract was not concluded.
B. On December 2014, the Defendants filed a lawsuit against the Plaintiff seeking the delivery of the instant store on the grounds of the termination of lease (Seoul Northern District Court 2014Kadan49149) and rendered a decision substituting the following conciliation on May 19, 2015.
Decisions
1.(a)
The Defendants confirmed that the Plaintiff occupied and used the instant store at KRW 10,000,000 per month, and KRW 350,000 per month by April 30, 2016, and that the Plaintiff delivered the instant store to the Defendants on April 30, 2016.
(b)
2.(a)
10,000,000 won which the plaintiff has already paid to the defendant B, who was entered as the lessor pursuant to the existing lease agreement on the store of this case, shall substitute for the payment of the deposit.
(A) The Defendants shall immediately refund the said deposit to each Plaintiff upon receiving the instant store from the Plaintiff.
(b)
C. The Plaintiff’s new lessee and F’s stores located next to the instant store No. 1 in which the Defendants leased one more more. The Defendants sent tobacco to the lessee on July 2014 and requested the Plaintiff to rent KRW 20,000,000 for the premium to the broker “G” in the vicinity while selling tobacco at that place.