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(영문) 인천지방법원 2015.04.17 2014나11123

양수금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

1. C and B shall be divorced.

4. In division of property:

A. The right to lease and the right to operate beauty rooms and the right to operate business (hereinafter “unused business right”) under the lease and the right to lease against three-story housing and one-story 71.72 square meters of residential and neighborhood living facilities (hereinafter “the instant real property”) in Sungnam-si, Sungnam-si, Daz. The transfer procedure shall be implemented immediately with respect to the right to lease against the 101 square meters of multi-household concrete roof No. 101, 29.48 square meters of multi-household concrete roof No. 101, 29.48 square meters in Sungnam-si, Sungnam-si, and the C shall be implemented with respect to the right to lease against the 71.72 square meters of multi-household housing and neighborhood living facilities (hereinafter “instant real property”).

C. B has the right to use and benefit from the operation of the beauty art room where the instant real estate was located until September 24, 2010.

Provided, That all the expenses of the beauty room operation (including monthly taxes and taxes) during the relevant period shall be borne by B.

Nonparty C filed a lawsuit for divorce, etc. with the Suwon District Court Branch 2009ddan7021 (hereinafter “Divorce lawsuit”) against Nonparty C, and the conciliation was concluded on September 24, 2009 at the conciliation date of the instant case. Of them, the parts relating to the instant case are as follows.

B. Meanwhile, after September 24, 2010, B did not return its beauty room business license to C, and on June 21, 2012, B drafted a lease agreement with F and G, the owner of the instant real estate, setting the lease deposit amount of KRW 50,000,000, monthly rent, and KRW 1,500,000 (hereinafter “instant lease agreement”).

B Until January 2, 2013, B operated beauty room business in the instant real estate. C received the refund of the deposit from F on January 22, 2013, and C obtained from F on the deposit of the instant real estate from KRW 50,000,000, the deposit of the lease deposit of KRW 20,000,000, the unpaid rent of KRW 8,700,000, the unpaid rent of KRW 447,690, and the unpaid electricity tax of KRW 20,852,310 [= 50,00,000] - (20,000,000 KRW 8,70,000,000, 447.