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(영문) 대전지방법원 천안지원 2018.12.12 2018가단6026
임대차보증금반환
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) paid KRW 61,320,000 to each of the Plaintiff (Counterclaim Defendant) and the amount from June 1, 2018 to August 1, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendants are co-owners of the real estate listed in the separate sheet No. 1.

B. On March 12, 2010, Defendant C leased a lease deposit of KRW 162.9 square meters on the first floor of real estate listed in the attached Table 1 (hereinafter “instant commercial building”) to D Co., Ltd. (hereinafter “Nonindicted Company”) as KRW 80,000,000, monthly rent of KRW 4,200,000 (value-added tax is separate), water tax of KRW 50,00,000, and period of lease from March 12, 2010 to KRW 24 months.

The non-party company paid the full lease deposit to Defendant C, and received the delivery of the instant commercial building, installed a facility for mobile phone sales and operated a mobile phone sales business in the instant commercial building.

C. On April 17, 2012, the non-party company whose term of the above lease expires, set up the instant commercial building between the Defendants and the Defendants.

Under the same conditions as Paragraph d, the term of lease was set from April 17, 2012 to April 17, 2015, and a lease contract was concluded to lease.

C. However, there is a problem.

On May 2, 2013, during the term of the lease agreement stated in the Paragraph, the non-party company, the Defendants, and E agreed to succeed to the status of tenant of the non-party company, and the new lease agreement was made between the Defendants and E.

Since January 2, 2014, the agreement was reached between E and the Defendants, and F to succeed to the status of the lessee of E, and the new lease term was concluded between the Defendants and F from January 2, 2014 to January 1, 2016.

E. On January 18, 2016, G, the representative director of the Plaintiff, prepared and delivered a letter of statement to the Defendants that “if there is any problem with the monthly rent and water rent of the instant commercial building, G shall be fully responsible for the instant commercial building, and thereafter, he/she actually succeeded to the status of F’s lessee from around that time, and run a business in the instant commercial building and paid monthly monthly rent and water tax to the Defendants. As between the Defendants and the Defendants on July 26, 2016, the Plaintiff made the instant commercial building on the same condition as the previous commercial building from the Defendants.

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