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(영문) 창원지방법원 2019.05.23 2018가단102075
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant acquired a 1,124 square meters of land for a factory in Kimhae-si and 627 square meters of D miscellaneous land, and constructed automobile-related facilities (maintenance factories) and Class I neighborhood living facilities (retail stores) on that basis. (2) On June 20, 2017, the Plaintiff and the Defendant appears to have prepared a lease contract retroactively on June 16, 2017, where the Plaintiff transferred the down payment amount to the Defendant.

The Defendant and E’s real estate brokerage office concluded a lease agreement between the Defendant and E with respect to Class 1 neighborhood living facilities (retail stores; hereinafter “instant building”) in Kimhae-si D, with a deposit of KRW 20 million per month, monthly rent of KRW 1 million (excluding value-added tax), and the period from July 20, 2017 to July 19, 2019.

(hereinafter “instant lease agreement”). B.

1) The instant building is located on the national highway side, which is a four-lane road. 2) The Plaintiff and the Defendant, around June 20, 2017, have the same special terms and conditions as seen in paragraph (4) concerning the instant lease agreement (hereinafter “instant special terms and conditions”).

3) The Plaintiff, except KRW 1,00,000,000 paid at the time of the conclusion of the contract, transferred the amount of KRW 10,000,000,000 to each Defendant on June 23, 2017, and KRW 20,000,000,000 to each Defendant on June 24, 2017.

4. The Plaintiff and the Defendant decided to delete Paragraph 7 from the terms of the instant special agreement, and around June 24, 2017, at the real estate brokerage office run by E, Paragraph 7 from among the terms of the instant special agreement was deleted and sealed as follows.

D

C. On July 4, 2017, the Plaintiff entered into the instant lease agreement with the Defendant for the purpose of opening convenience store business with the F’s aid to conduct consulting business related to convenience store. (2) On July 4, 2017, the Plaintiff entered into an agreement with the LAW and the LAW with the Plaintiff for franchise business with the amount of construction cost of KRW 33.5 million.

3F Officers, during July 2017, will be divers of national highways forward of the building of this case.

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