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(영문) 서울동부지방법원 2016.09.30 2015가단46004
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants acquired ownership from G, the former owner on February 1, 2014, as to the Plaintiff’s neighborhood living facilities (hereinafter “instant real estate”) of the Dongdaemun-gu Seoul Metropolitan Government HW large 467.2 square meters and the above ground reinforced concrete structure, which were 4 stories of light steel structure, due to inheritance.

B. On March 16, 2015, the Plaintiff won the auction at the formal auction procedure for partition of co-owned property (hereinafter “instant auction”) with respect to the instant real property, and completed the registration of ownership transfer on March 18, 2015.

C. On January 21, 2014, Nonparty J entered into a lease agreement with the Defendants on each of the instant real estate, setting a deposit of KRW 10 million, monthly rent of KRW 1500,000, and a lease term of four years (hereinafter “instant lease agreement”) and registered around that time.

(2) On October 20, 2014, Nonparty K entered into a lease agreement with the Defendants on a deposit of KRW 5 million, monthly rent of KRW 400,000, and KRW 400,000 for a term of four years for some stores among the first floor of the instant real estate (hereinafter “instant lease agreement”) and registered its business around that time.

(3) On August 7, 2014, Nonparty L entered into a lease agreement with the Defendants on a set of deposit amounting to KRW 10 million, monthly renting KRW 750,000, and four years for lease (hereinafter “instant three lease agreement”) with respect to some stores of the first floor of the instant real estate, and registered its business around that time.

(4) On August 5, 2014, Nonparty M entered into a lease agreement with the Defendants and the second floor of the instant real estate, setting a deposit of KRW 20 million, monthly rent of KRW 1.7 million, and a lease term of two years (hereinafter “instant four lease agreement”) and registered its business around that time.

(5) On August 5, 2014, Nonparty N deposits all the Defendants and the third floor of the instant real estate.

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