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(영문) 청주지방법원제천지원 2013.09.26 2013가단2111

임차권존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts constituting the premise

A. The Defendant and C own one-half share of the building indicated in the separate sheet, and operate the telecom on the first floor or the fifth floor of the above building.

On the first floor of the above building, D operated an entertainment drinking house with a business license for an entertainment drinking house under the name of the Plaintiff, an infant.

(hereinafter “instant entertainment tavern”). B.

D On September 8, 2010, the E (F entered into a contract as E’s agent. The actual operator of the instant entertainment drinking club appears to be F) transferred all the rights of lease, goodwill, and facilities related to the instant entertainment drinking club in KRW 57 million to E (F).

E entered into a lease agreement between the Defendant and the Defendant on the same day with the terms and conditions that the instant building was leased as KRW 10 million, KRW 1.5 million per month (payment on September 8, 2010), and the period from September 8, 2010.

(hereinafter “instant lease agreement”). C.

F demanded D to take over the instant entertainment tavern again as the instant entertainment tavern business did not make profits and did not pay back to it, and D to take over the instant entertainment tavern again on March 30, 201. < Amended by Act No. 10504, Mar. 30, 2011>

F transferred the original of the instant lease agreement to D, and it stated that “F obtained confirmation of the name of a tenant as a plaintiff, and transferred this contract to D,” at the bottom of the contract.

F entered into a business takeover agreement with D on April 4, 201, the F agreed to transfer to D all the rights to lease, business license, and facilities related to the entertainment tavern in the instant case at KRW 44.5 million, and to receive KRW 10 million until April 15, 201, KRW 10 million until July 15, 201, KRW 10 million until July 15, 201, and KRW 500,000 as of the last day of each month from May 201 to August 201, and KRW 4.5 million as of the last day of September 2011.

E. Meanwhile, on October 8, 2010, D paid 3 million won to C in arrears with F on or after March 31, 2011. On April 8, 2011, D paid 200,000 won, May 30, 2011, 300,000 won, and 100,000 won on June 10, 201, and 2011. < Amended by Act No. 10337, Apr. 8, 2011; Act No. 10873, Jun. 10, 2011>