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(영문) 인천지방법원 2017.10.12 2017나25
임대차보증금반환 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Status 1 of the Parties: (a) the number of the instant building site D at Seocheon-si, Seocheon-si, Seocheon-si, D was “D, I” but the parcel number was changed as above on July 28, 2010. The instant lease agreement stipulated as “D” but, although the object of the lease is indicated as “I”, it is arranged as above, as the object of the lease does not conflict between the parties to the instant building. The building site (hereinafter “instant building”).

2) The Plaintiff and the Defendant were first owned by E. (2) around 2000, and the Defendant knew to each other from the time of operating the car page of the trade name “G”.

B. 1) The Defendant arranged the above car page and attempted to operate a singing room in the instant building. The Plaintiff intended to assist the Plaintiff. (2) On September 20, 2002, the Plaintiff paid KRW 50,000,000 (an increase of KRW 10,000,000 by April 30, 2003), monthly rent of KRW 1,20,000, and the period from October 5, 2002 to KRW 24 months (hereinafter “the instant lease contract”), and the lease contract was concluded with E to provide the remainder of KRW 5,00,00,000,000 on the same day, including the deposit amount of KRW 45,00,000,000,000.

3) In addition, on October 12, 2002, the Plaintiff completed the business registration of the trade name, “Hnocom,” in his name, from the Seocheon Island, and thereafter, the Plaintiff was operating a singing room to the Defendant. From around that time, the Defendant was the first floor of the instant building (hereinafter “instant singing room”).

(3) On April 16, 2003, E sold the instant building at KRW 2,600,000 to the co-defendant B (hereinafter “B”) of the first instance trial on April 16, 2003, and on May 13, 2003, the instant building was registered for ownership transfer in the future.

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