차임등
1. Defendant E: (a) from September 18, 2017 to September 18, 2017 to Plaintiff A with respect to KRW 39,972,240; and (b) Defendant F to Plaintiff B with respect to the said amount.
Facts of recognition
The status of the parties to an I market reconstruction project (hereinafter referred to as the “instant association”) promoted a reconstruction project that newly constructs “M” commercial buildings (hereinafter referred to as “M”) on the ground of 4,144.3m2 in Jung-gu Seoul Special Metropolitan City, Jung-gu, J market and K market site. The N Co., Ltd. (hereinafter referred to as “N”) concluded a comprehensive implementation contract with the instant association to perform all duties related to the said reconstruction project with delegation.
As a member of the instant trade association, the Plaintiffs concluded a sales contract for the divided stores of the said trade association and completed registration of preservation of ownership for each of the said stores.
The Defendants concluded a lease sale contract with the N and the tenant who is the owner of each of the above stores after entering into a lease contract with the Plaintiffs on the lease of the right to lease of the divided stores in the instant commercial building.
The Plaintiffs entered into the sales contract and the lease contract on the commercial building of this case before the new building of the commercial building of this case and the sales contract on the ownership of the divided store of this case were concluded.
The above contract for sale in lots is that the owner of the above divided store establishes the right of lease on the N and the N agrees to transfer the right of lease to a third party and then the owner and the lessee enter into the lease contract directly at the time the location of the divided store is determined through lot.
The Defendants entered into a lease agreement with N prior to the construction of the instant commercial building on the right of lease between N and the shop located within the said commercial building.
The above lease sale contract shall be concluded by specifying the number of the floor and the Gu unit (3.9m2 on the basis of the exclusive use area of one unit) of the commercial building in this case and shall be paid to the buyer N, except the lease deposit and the lease deposit, but the specific location of the store shall be later specified.