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(영문) 대전지방법원 2019.05.23 2018가단204494
임대차보증금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 95,315,50 and KRW 75,315,500 among them, from April 3, 2019 to May 23, 2019.

Reasons

1. The Plaintiff entered into a lease agreement between D, E, and F three persons (hereinafter “non-party”) on December 28, 201 with respect to 98.33 square meters of the commercial building on the 1st floor listed in the attached Table owned by the Non-Party (hereinafter “instant store”) (hereinafter “instant lease agreement”) and the lease agreement between February 16, 201 and February 15, 2012 (hereinafter “the instant lease agreement”).

Therefore, the Plaintiff paid the Nonparty a deposit of KRW 20 million in full to the Nonparty, and operated the cafeteria at the instant store. From February 16, 2015, the Plaintiff, instead of preparing a lease contract separately from February 16, 2015, has leased one year.

At the time of the instant lease agreement, the Plaintiff agreed to pay KRW 12 million to H, who is the father of the Nonparty, for the premium for the instant store, the Plaintiff paid KRW 12 million to H.

On December 28, 2017, the Defendants concluded a sales contract to purchase the entire building including the instant store from the Nonparty, and received the registration of ownership transfer on January 30, 2018, respectively.

The non-party D sent on January 8, 2018, to the Plaintiff, a content-certified mail stating that the termination of the instant lease agreement was until February 15, 2018, while the non-party sold the instant store to the Defendants, and that the buyer himself/herself would use the commercial building, and that the buyer would request the instant store to be ordered until February 15, 2018.

The Plaintiff, acting as his agent, renounced the instant lease agreement to the Nonparty, but arranged for a new lessee, and sent a document stating that it is expected to conclude a premium trading of KRW 100 million for the premium to the Nonparty. On January 16, 2018, the Plaintiff entered into a premium contract with J on January 18, 2018 with respect to the instant store at KRW 100 million for the premium.

The Plaintiff, who completed the registration of transfer of ownership with respect to the instant store, notified the Defendants of the premium contract verbally and again.

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