임대차보증금
1. On the Plaintiff (Counterclaim Defendant),
A. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) real estate in the separate sheet from the Plaintiff-Counterclaim Defendant.
We also examine the plaintiff's main claim and defendant B's counterclaim.
1. The following facts are acknowledged as either a dispute between the parties or in full view of Gap evidence Nos. 1 through 16, the results of appraiser D's appraisal and the purport of the entire pleadings.
A. On July 28, 2016, Defendant C leased the instant store owned by Defendant C to the Plaintiff as of July 28, 2016, KRW 10,000,000 for the lease deposit, KRW 1,100,00 for the rent month (excluding value-added tax), and the period from July 28, 2016 to July 27, 2018 (hereinafter “the instant lease”). At that time, Defendant C received KRW 10,00,000 for the lease deposit from the Plaintiff.
B. On July 11, 2016, the Plaintiff paid KRW 7,000,000 as premium to E, a lessee of the instant store, prior to the conclusion of the instant lease agreement, and separately paid KRW 7,00,000,000, and acquired all equipment, such as Posls, within the instant store, from E.
C. On July 25, 2017, Defendant C sold the instant store under the condition that Defendant B succeeds to the lessor status under the lease of this case, and completed the registration of ownership transfer on August 28, 2017 with respect to the instant store.
On August 29, 2017, Defendant B acquired ownership of the building of this case and confirmed that Defendant B succeeded to the status of the lessor in this case by means of preparing a lease agreement again with the Plaintiff.
E. The lessee of the store in the building in the building in the building in the building in the building in the building in the building in the building in Ulsan-gu, Ulsan-gu (hereinafter “F building”), including the instant store, pays 40,000 won as the monthly management expenses, and if the lessee fails to pay, the store owner pays the management expenses.
F. After receiving the delivery of the instant store on July 28, 2016, the Plaintiff was engaged in restaurant business in the name of “G” in the instant store from around 2016 to August 2016. On September 25, 2017, the Plaintiff opened the door of the instant store and opened the instant store from the time when the instant warden was submitted.