beta
(영문) 창원지방법원통영지원 2013.11.21 2012가합2763

투자금반환등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant: (a) an agreement between the Plaintiff and the Defendant; (b) the lease of a store and the operation of a clothing store; and (c) the Defendant are 542.15 square meters of the first floor of the C-ground building in Tong Young-si

A) A joint agreement was made on the operation of the clothing business, and accordingly, the Defendant is the owner of the instant store, and the interesting country life insurance company (hereinafter “interesting country life insurance”).

B) On January 21, 2005, the Defendant concluded a lease contract with the term of lease deposit of KRW 230,000,000, monthly rent of KRW 2,292,000, and the term of lease of KRW 21,100 from January 21, 2005 to January 31, 2007, and as of February 3, 2005, the Changwon District Court’s Tong District Court’s Tong branch branch’s branch branch’s lease contract of KRW 230,00,000 for the instant store as of February 3, 2005 (hereinafter “right to lease”).

(2) On the other hand, the Defendant completed the registration of the establishment of the right to lease on the same day as the maximum debt amount of the right to lease on a deposit basis, the Defendant completed the registration of the establishment of the right to lease on a deposit basis as the new Saemaul Fund established by the Defendant and the mortgagee of the right to collateral security.

3) After the plaintiff and the defendant operated the clothing store at the store of this case as well as the store of this case around August 2006, the plaintiff and the defendant separated the store of this case and operated the clothing store of this case, and accordingly, the plaintiff operated the clothes store of "D" in part of the store of this case, and the defendant operated the remaining part of the store of this case as "E". (B) Meanwhile, upon the expiration of the lease term, the defendant continued to enter into a lease contract by again concluding a renewal contract with the country life insurance with the country life insurance, and in particular, on February 1, 2010, the lease term between the country life insurance and the country life insurance was changed from February 1, 201 to January 31, 2012. The defendant concluded a contract to adjust the clothes business before the lease term expires.