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(영문) 대전지방법원 2015.11.27 2014가단217386
임차보증금반환등
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 3, 2015 to November 27, 2015.

Reasons

1. Facts of recognition;

A. On June 11, 2013, the Plaintiff: (a) the father of the Defendant’s father (the Defendant’s father’s agent) and the building part on the side of the D1st floor in Daejeon Sung-gu, Daejeon (hereinafter “instant building”).

) As to the lease deposit, 1.5 million won, term of lease from June 21, 2013 to June 20, 2014 (in preparing a lease contract again on June 18, 2013, extended to June 25, 2014) and monthly rent of 1.2 million won, and the lease term may be extended to one year without raising the deposit and rent, if the Plaintiff wishes to do so due to a special agreement. The term of lease was extended to one year without raising the deposit and rent.

B. On July 15, 2013, the Plaintiff paid a lease deposit of KRW 1.5 million to the Defendant, and operated a store selling ham, etc. after completing business registration with E’s trade name from the instant building.

C. On April 17, 2014, the Defendant purchased the instant building from C and completed the registration of ownership transfer, and concluded a lease agreement with C on May 3, 2014, stating that, from June 26, 2013 to June 25, 2014 with respect to the instant building, the lease amount of KRW 1.5 million shall be leased from June 26, 2013 to June 25, 2014, and the monthly rent of KRW 1.2 million shall be deleted, and the said one year extension shall be deleted, and the term “the extension of the remaining lease period under the contract with the former lessor” (hereinafter “instant lease agreement”).

On May 22, 2014, the Defendant sent to the Plaintiff a certificate of content that “In the event of the renewal of the instant lease agreement, the Defendant wishes to enter into a contract by increasing the monthly rent of KRW 1.9 million, and does not consent thereto,” and thereafter, the said certificate of content reaches the Plaintiff.

E. On June 25, 2014, the Defendant leased the instant real estate to the Plaintiff by June 25, 2015, KRW 1.5 million, monthly rent of KRW 1.2 million, and the term of the lease until June 25, 2015. However, due to a special agreement, the instant land is leased by June 25, 2015 due to a rebuilding plan under Article 10(7) of the Commercial Building Lease Protection Act.

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