임차권존재확인 등
1. The part concerning the claim for the confirmation of existence of the right of lease in the instant lawsuit shall be dismissed.
2. The plaintiff's remainder against defendant D.
1. Basic facts
A. On July 9, 2009, the Plaintiff concluded a lease agreement with Defendant E on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to KRW 100 million, monthly rent of KRW 3,300,00, and the lease period from July 14, 2009 to July 14, 201 (hereinafter “instant lease agreement”) and leased the instant real estate, and paid KRW 100,000,000 to Defendant D, and around that time, the Plaintiff changed the lessee of the instant lease agreement to Defendant B by mutual agreement with Defendant D and Defendant B while operating a general restaurant.
B. On October 4, 2011, Defendant D and Defendant B drafted a notarial deed No. 1064 of 2011, No. 2011, No. 1064 (hereinafter “instant notarial deed”). The content of the instant notarial deed is as follows:
After the term of the instant lease agreement expires, the lease contract was concluded with Defendant B, and the lease deposit amount of KRW 100 million was succeeded to Defendant B, the present lessee.
However, as of August 2010, 60 million won out of the lease deposit was transferred to G, and due to the failure to repay, the contract shall be prepared with the remaining KRW 40 million and the rent of KRW 3.7 million (excluding value-added tax).
The lessee shall pay to the lessee the amount at the rate of 4.7 million won per month (3.7 million won per month and 3.7 million won of value-added tax) from July 14, 201 to the 14th day of each month.
Special contract terms: The lessor has given consent to the transfer of the claim to G out of KRW 60 million of the lease deposit amount, and the lessor is responsible for the payment of the above amount unless the transferee of the claim requests the repayment from the transferee of the claim at the time of the termination of the contract, and there is no objection to the payment of the above amount.
The current tenant is the lease deposit for the amount of KRW 60 million paid by the lessor at the time of performance by the lessor.