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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. On July 25, 2017, the Plaintiff: (a) the lessee was Defendant B and C in the lease agreement of the Defendants; (b) however, there is no dispute between the Defendants and the lessee.
In relation to the entire building of this case, the lease deposit amount of KRW 600,000,000, monthly rent of KRW 19,800,000 (including value-added tax) is stated as KRW 38,00,000, and the plaintiff argued that it is the monthly rent of KRW 38,000,000 in the first instance court.
However, this Court recognizes that the Plaintiff is the tea of 19,800,000 won per month;
From July 26, 2017 to July 25, 2019, a lease contract under the terms and conditions (hereinafter referred to as “instant lease contract”) was concluded, and the main contents thereof are as follows:
Article 1:Rental Deposit
2. The lessee may not, in any case, substitute the payment of the rent with the deposit for lease, and may not transfer to another person the right to claim the return of the deposit for lease;
3. The lessee shall not use the lease deposit for the purpose of claims or other security, and if it is inevitable, he shall obtain the written consent of the lessor; and
Article 2:A lessee of a monthly stop shall be separately responsible for monthly rent, value-added tax and prescribed management expenses.
Article 3:Term of Contract
1. The term of lease shall be from July 26, 2017 to July 25, 2019;
When the contract is extended after the expiration of the contract period, this contract set a low rental fee in consideration of the current market depression at the present time, but in the case of the renewal, the rental fee shall be adjusted according to the neighboring city tax and building-based litigation at the time of the renewal.
Article 5:Name of the Building in this case
1. Where a lessee is terminated of a contract, he/she shall transfer, or fails to claim, necessary expenses, such as relocation expenses, premium, etc., to a lessor on any pretext, and the lessor shall reimburse the lessee of the balance obtained by deducting rents, public charges, management expenses, etc. in arrears from the lease deposit;
Article 7:.