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(영문) 대전지방법원 2020.10.29 2019가합109548
임대차보증금반환
Text

The defendant shall pay to the plaintiff KRW 172,00,000 per annum from November 27, 2019 to October 29, 2020, and from the following day.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) constructed E, a publicly constructed rental housing unit (hereinafter “instant complex”) in Sejong Special Self-Governing City D, and completed registration of initial ownership on October 2, 2014 with respect to each section of exclusive ownership in the instant complex.

On March 7, 2015, the Plaintiff entered into a lease agreement and amendment agreement with respect to the instant apartment complex F (hereinafter “instant apartment complex”) with C on March 7, 2015, and paid KRW 110,420,000 in the lease deposit under the said lease agreement and KRW 61,580,000 in the monthly rent substitution agreement under the said amendment agreement and KRW 61,580,000 in the instant apartment complex.

B. On January 5, 2018, the Defendant purchased the instant apartment complex including the instant apartment complex from C, and upon completion of the registration of ownership transfer on the instant apartment, succeeded to the status of the rental business operator.

On September 14, 2018, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) and an amendment agreement (hereinafter “instant amendment agreement”) under the same terms and conditions as the previous agreement entered into with C, except as the lease term was set from October 1, 2018 to September 30, 2019 with respect to the instant apartment.

The main contents thereof are as follows:

The lease contract of this case

4. Terms and conditions of a contract under Article 1 (Rental Deposit, Rent, and Term of Lease) (1) A (hereinafter “A”) shall be leased to B (a lessee; hereinafter “B”) by setting the rental deposit, rent, and the term of the lease of a rental house as follows:

- Article 10(Cancellation and Termination of Lease Deposit 110,420,00 won, monthly rent 440,000 won, and monthly rent 10,000 won 10(Cancellation and Termination of Lease Contract) of this Agreement, A may cancel or terminate this Agreement, or refuse to renew the lease contract:

2. Lease rights of rental housing in violation of Article 19 of the Act;

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