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(영문) 광주지방법원 2018.10.05 2017가합2160
임대차보증금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From October 9, 2016 to October 30, 2019, C stipulated the lease deposit amount of KRW 250,000,000,000 monthly rent and KRW 2200,000 from October 21, 2016 to October 20, 2019, the instant lease contract (Evidence 1-1) of this case entered in the separate sheet from D (hereinafter referred to as “instant building”) with the lease term from October 31, 2016 to October 30, 2019. However, there is no dispute between the parties as to the instant lease contract between October 21, 2016 and October 20, 2019.

Around that time, the leased object of the instant lease was handed over and operated a bath, but did not complete business registration in its name.

B. On October 27, 2016, D completed the registration of the establishment of chonsegwon (hereinafter “registration of the establishment of chonsegwon”) with respect to the whole second floor of the instant building as of October 27, 2016, as of October 27, 2016, the Gwangju District Court received KRW 250,000,000 for security deposit money, and the term of existence from October 21, 2016 to October 20, 2019.

C. On December 1, 2016, D and C agreed to include the loan amount of KRW 20 million to D in the lease deposit of this case, and increase the lease deposit of this case to KRW 270 million, but the amount to be reduced to KRW 1.5 million per month.

D The instant building was transferred to the Defendant on May 24, 2017, and the registration of ownership transfer was completed on May 26, 2017 with the Gwangju District Court No. 91497, May 26, 2017.

E. On July 12, 2017, C sent to D a certificate of intent to terminate the instant lease agreement on the ground that C transferred the leased object without his/her consent.

F. The Plaintiff acquired the above lease deposit claim and right to lease on a deposit basis, and C on October 2017.

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