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(영문) 창원지방법원 2017.02.15 2016나55961

임대보증금반환

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 11, 2013, Nonparty D, the agent of Nonparty C, concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit amounting to KRW 10,000,000, monthly rent of KRW 850,000 on the first floor (hereinafter “instant building”).

B. On October 24, 2013, the Defendant purchased the instant building from D and acquired its ownership.

C. Around March 2014, F: (a) transferred the instant singing facilities from C to operate the said singing room; (b) the creditors of F filed an application for an auction of the said singing room; (c) the Plaintiff was fully awarded a successful bid on July 1, 2014.

On October 16, 2014, the Plaintiff and the Defendant entered into an agreement with the following contents (hereinafter “instant agreement”).

The settlement of KRW 10,000,000,000 (hereinafter referred to as the “instant agreed amount”) for the first time in the Hnonoo Bank of Korea (hereinafter referred to as “the instant agreed amount”), and the installation cost of KRW 2,00,000,000,000 on October 16, 2014, which promised to deposit KRW 10,000,000 on October 16, 2014 to deposit KRW 10,00,00,000 on October 16, 2014: B (G) tenant: (A) on October 16, 2014; the lessor: (a) the lessor has no dispute over the existence of KRW 1,2,3,7,000 on October 16, 2014; and (b) the purport of the entire pleadings as a whole;

2. The assertion and judgment

A. On October 16, 2014, the Defendant agreed to pay to the Plaintiff KRW 12,000,000 as the lease deposit for the instant building and the acquisition cost for singing facilities in the instant building.

B) On January 22, 2015, the Plaintiff leased KRW 2,100,00 to the Defendant. C) The Plaintiff leased to C the instant building and received monthly usage fees of KRW 700,000. The Defendant produced C from the said building and then used the instant singing room facilities installed within the said building without the Plaintiff’s permission for 14 months from October 16, 2014 to November 16, 2015.