(영문) 대전지방법원 공주지원 2018.09.13 2018가단20834

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(영문) 대전지방법원 공주지원 2018.09.13 2018가단20834

임차권등기말소 등

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1. The Defendant’s KRW 618,880 as well as the Plaintiff’s annual rate from August 21, 2018 to September 13, 2018, and the following.

Reasons

1. Basic facts

A. On October 26, 2007, the Defendant entered into a lease agreement with C by setting the deposit amount of 24 million won and the lease period of 24 months with respect to the real estate listed in the separate sheet (hereinafter “instant building”).

B. On May 8, 2008, the Plaintiff acquired the ownership of the instant building due to the sale by voluntary auction, and succeeded to the status of the lessor of the said lease agreement.

Since then, the lease contract between the plaintiff and the defendant was implicitly renewed and continued.

C. On February 10, 2016, the Plaintiff entered into a lease agreement with the Defendant with a deposit of KRW 24 million and the term of lease of KRW 24 million (hereinafter “instant lease agreement”) with a fixed period of 24 months. The instant lease agreement includes the following:

3. The name map of the instant building is stipulated to the lessor by February 10, 2018.

4. No lessee shall impair, or remodel, the wall, ceiling, attachment, etc. of the main building in his/her mind.

5. In case where one of his visiting heats is lost, a copy of the relevant goods shall be replaced, and all of the breakdowns of the room shall be damaged by the lessee (e.g., light, water supply, electricity); and

9. Public imposts (waters, common electricitys, and heatings) from April to September, 50 won per month, and 60,000 won per month from October to March (on-line transfer to the Plaintiff’s account); 10,000 won per month, if a lessee is to be a director before the expiration of the contract, the lessee shall have the room in person;

The Defendant demanded the termination of the contract during the term of lease. On February 10, 2018, the Plaintiff returned to the Defendant only one million won out of the lease deposit.

Accordingly, on February 14, 2018, the Defendant completed the registration of housing lease on February 26, 2018 upon receipt of the order of lease registration by the court 2018Kao7.

E. On March 9, 2018, the Plaintiff returned 22.7 million won out of the remainder of the lease deposit to the Defendant, and the said order of lease registration is issued by the court 2018Kao20.

유사 판례

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