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(영문) 창원지방법원 2015.10.22 2014가합2563

임대차보증금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On February 16, 2011, the Plaintiff entered into a lease agreement with D in attached Table 1 (hereinafter “instant building”).

[Attachment 2] Section 2, which is a part of the [Attachment 2] (hereinafter “instant leased part”).

) A lease agreement was concluded between February 16, 201, and February 15, 2013, with a fixed term of two years from February 16, 2011 to February 15, 2013; however, on April 10, 2012, between D and D, with a fixed term of 120,000,000 won for the lease deposit, 200,000 won for the rent, and two years for the lease period from April 12, 2012 to April 11, 2014 (hereinafter “instant lease agreement”).

(2) On October 25, 2009, the Plaintiff, from around October 25, 2009, operated the sales business of steel plates, coaches, etc. with the trade name “E”. On February 21, 2011, the Plaintiff completed the business registration procedure with the content that the Gimhae F, the location of the instant building, as the place of business of “E”, as the place of business of “E”.

(hereinafter referred to as “instant business registration”). B.

The owner of the instant building, including the conclusion of a sales contract, was D, but D entered into a sales contract for the instant building with the Defendants on August 23, 2013, and on September 9, 2013, the Changwon District Court Kim Sea Office (100494) completed the registration of ownership transfer in the name of the Defendants on the instant building.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Gap's 3 (including paper numbers), Eul's 1, and the purport of whole pleadings

2. Determination

A. The Plaintiff asserted that the Plaintiff entered into the instant lease agreement with D to lease the leased part of the instant building. Accordingly, D paid KRW 120,000 to D the lease deposit, and the location of “E” was the location of the instant building while using the leased part upon delivery, and the Defendants purchased the said building from D.