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(영문) 창원지방법원진주지원 2016.01.08 2015가단34

임대차보증금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) On June 14, 2005, the Plaintiff, on June 14, 2005, indicated on the attached real estate indicated on the Defendant’s ownership (hereinafter “instant building”).

Of the above, it is deemed that the instant store is 170.98 square meters underground (hereinafter “instant store”).

30 million won, term of lease from June 14, 2005 to June 14, 2005, and the Plaintiff paid approximately KRW 2,300,000 to the Plaintiff for a year (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”).

(2) On May 25, 2009, the Plaintiff sublet the instant store to C with premium of KRW 13,000,000.

3) The Plaintiff is against D the remainder of the instant building except for the instant store (hereinafter “instant inns”).

(B) On January 24, 2014, E leased KRW 100,000,000, monthly rent of KRW 600,000. (2) On January 29, 2014, E entered into a sales contract with the Defendant to purchase the instant building from KRW 500,000,000, and to pay KRW 10,000 as the down payment on the same day, and to pay KRW 490,00,000 as the remainder payment on January 29, 2014.

Article 1(Purpose)The purpose of this Agreement is to transfer all rights and obligations of the workplace operated by the defendant to E in a comprehensive manner and to transfer the business pursuant to Article 6(6) of the Value-Added Tax Act.

Article 2 (Succession to Business) The rights and obligations concerning real estate rental business operated by the defendant as of the date of transfer or acquisition shall be guaranteed by E.

Article 3 (Reference Date for Transfer or Acquisition) The defendant and E shall transfer the total amount of assets and total amount of liabilities of the defendant as of the reference date for transfer or acquisition to E by February 6, 2014.

Article 5 (Effect of Transfer and Receipt Contracts) This Agreement shall become effective February 6, 2014.

Therefore, the defendant should report the closure of business following the business transfer on February 6, 2014.