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(영문) 서울동부지방법원 2018.07.13 2016가단107531
보증금반환 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 13, 2015, the Plaintiff entered into a lease agreement with the Defendant to rent KRW 20,000,000, monthly rent of KRW 900,000, and the lease period from March 1, 2015 to February 29, 2016. 2) On the same day, the Plaintiff succeeded to the status of the said aggregate building F (hereinafter collectively referred to as “each of the instant stores”) with the E apartment rebuilding improvement project association as a deposit amount of KRW 20,00,000, monthly rent of KRW 90,000, monthly rent of KRW 900,000, and from March 1, 2015 to February 29, 2016.

(3) Under the instant lease agreement, each of the instant lease agreements provides that “if the lease agreement is terminated, the lessee restores the store to its original condition and returns it to the lessor,” and the special terms and conditions stipulate that “if the lease agreement is transferred to a third party, the lessee is permitted to sell and purchase it according to the current contract terms and conditions during the remainder of the period when the private teaching institute is transferred to the third party.” (B) The Plaintiff, while operating the private teaching institute at each of the instant stores, provided that “The Plaintiff would make it possible for the lessee to sell and purchase it in accordance with the current contract terms and conditions.” (3) On November 25, 2015, while operating the private teaching institute at each of the instant stores, he/she would make an oral transfer of the right to lease to the G who wishes to operate the private teaching institute in English at each of the instant stores, within the period of December 25, 2015.”

In this regard, the defendant presented that each of the stores of this case should be paid monthly in 1,300,000 as a condition of a new lease agreement.

2 G is on the ground that the defendant presents a higher level of monthly rent than his own estimate.

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