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(영문) 대전지방법원홍성지원 2016.02.16 2015가합1045
임대차보증금
Text

1. The Defendant’s KRW 450,000,000 as well as 6% per annum from January 2, 2013 to February 16, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the captain of the Plaintiff, the South Eastern C, and is the owner of the D Ground Building, Chungcheongnam-gun, Hongsung-gun (hereinafter “instant building”).

B. On May 10, 2010, E, the father of the Plaintiff, remitted total of KRW 480 million to the Defendant, including KRW 20 million, and KRW 280 million, September 30, 2010, KRW 480 million.

On the other hand, on October 27, 2010, chonsegwon, the lease on a deposit basis, the term of which was from May 1, 2010 to April 30, 2013 (hereinafter “instant lease on a deposit basis”) was established with respect to the instant building, and was cancelled on February 11, 2011.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, 2-2, Gap evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1) The plaintiff is the F convenience store in the building of this case (hereinafter "the convenience store of this case").

A) Around May 2010, the Defendant leased the instant building without a lease term of KRW 450 million from the Defendant to the Defendant without a lease term, and on behalf of the Plaintiff, E paid KRW 450 million to the Defendant a lease deposit amount of KRW 450 million. Thereafter, the Plaintiff and the Defendant decided to set a lease on a deposit basis for the instant building as a security for a lease deposit claim. The Defendant created the instant lease on a deposit basis with a lease right of KRW 450 million with a lease right of KRW C, not the Plaintiff, with a lease right of KRW 3,00,00. The instant lease on a deposit basis was revoked on February 12, 2011, in which the Defendant had a lease right of KRW 3,00,000,000,000,000,000,000,0000,000,0000,000,000.

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