임대료반환 등
1. The plaintiff's appeal against the defendant B shall be dismissed.
2. The plaintiff's appeal against the defendant C and D is dismissed.
3...
1. The appeal of the judgment on the appeal against the defendant B is intended to seek revocation or alteration of the judgment disadvantageous to the defendant himself/herself. As long as the plaintiff has received the judgment in favor of the defendant B in the first instance as to the claim against the defendant B, the appeal of the part on the defendant B does not have any interest in the appeal.
Therefore, the appeal filed by the first instance court against the part which accepted the Plaintiff’s claim against Defendant B is unlawful.
2. Determination as to the claim against Defendant C and D
A. Basic facts 1) On April 22, 2006, the Plaintiff: (a) on April 22, 2006, to Defendant C, approximately 8 square meters (hereinafter “instant store”) among the three-story buildings owned by the Plaintiff, Chungcheongnam-si, Chungcheongnam-si.
(2) On March 15, 2007, the Plaintiff and Defendant B agreed to transfer the status of the lessee of the instant store to Defendant B while operating a mobile phone sales store at the instant store as of November 5, 2006, with a lease deposit of KRW 20 million, monthly rent of KRW 700,000,000, and the lease period of KRW 200,000,000,000.
3) On March 19, 2008, in the Cheongju District Court case No. 2007Gau19003, which Defendant C claimed against the Plaintiff the return of the lease deposit for the instant store, the mediation was concluded between the Plaintiff and the Defendant C, stating that “the Plaintiff shall pay the Plaintiff KRW 17 million to the Defendant, and the Plaintiff shall pay the said KRW 17 million out of the said KRW 17 million, and at the same time implement the name of the instant store.” (iv) The Plaintiff shall pay KRW 2 million to the Plaintiff for three-month rent without the lease deposit around February 26, 2009, and the term of the lease was set from March 11, 2009 to 12 months, and the lease was concluded regarding the instant store.