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(영문) 서울중앙지방법원 2016.01.13 2015가합516590

차임등

Text

1.(a)

Defendant C shall pay to Plaintiff A KRW 39,728,405 and a rate of 15% per annum from March 21, 2015 to the date of full payment.

Reasons

1. Basic facts

A. 1) Status of the Plaintiffs 1) Freshing Cooperatives (hereinafter “Freshing Cooperatives”)

(C) The instant commercial building is located on the land of 4,144.3 square meters in Jung-gu, Seoul and Jung-gu, Seoul (hereinafter referred to as “J”) which is located in the Dong-gu G market and H market.

) A newly-built reconstruction project was promoted, and Man-Magnb Co., Ltd. (hereinafter “In-the-counter company”).

(2) The Plaintiff is the owner of the six-story shop No. 108 of the instant commercial building, and Plaintiff B is the owner of the five-story shop No. 136 of the instant commercial building.

B. The Defendants entered into a lease contract between the Defendants and the non-party company 1) with the non-party company, the executing agent of the non-party company, respectively. (2) According to the above lease contract, the buyer entered into a lease contract with the non-party company, specifying the number of the unit of the building in this case, and the non-party company, who is the seller, paid the non-party company the "lease deposit" and the "sale price, excluding the lease deposit," but if the store becomes final and conclusive by drawing the specific location of the store in the future, the above lease contract is null and void, and the lease deposit is returned only from the lessor when the separate lease contract is terminated.

C. 1) The instant lease agreement between the Plaintiffs and the Defendants is concluded with respect to the sectioned stores in the instant commercial building as indicated below (hereinafter “instant lease agreement”).

(1) The date of the lease agreement between the Plaintiff and the Defendant (Lessee).