(영문) 인천지방법원 2019.01.23 2018가단18275

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(영문) 인천지방법원 2019.01.23 2018가단18275

양수금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 1, 2010, the Defendant indicated in the separate sheet No. 2, 2010 on the attached sheet No. 35,000,000, KRW 1,50,000 (excluding value-added tax) for lease deposit, and leased (hereinafter “instant lease contract”) by setting the lease deposit amount of KRW 35,00,000,000, KRW 1,50,000,000 (excluding value-added tax), from May 1, 2010 to April 30, 2012, and received from C the lease deposit amount of KRW 35,000,000,00 from around that time.

B. C around June 2010, transferred the right to lease on the instant building part to the Plaintiff KRW 35 million, premium of KRW 12 million, and the Plaintiff occupied and used the right from that time.

C. On October 20, 2011, the Defendant filed a lawsuit against C and the Plaintiff for a claim for the name of the building, etc., and the above court rendered a judgment with the content that “The Defendant (the Plaintiff and C) deliver each part of the building of this case to the Plaintiff (the Defendant in this case)” on the ground that C transferred the right of lease without the Defendant’s consent and the lease of this case was lawfully terminated (hereinafter “instant judgment”). Defendant C shall pay the amount calculated by applying the rate of KRW 17,496,00 to the Plaintiff (the Defendant in this case) to KRW 18,346,00 (= KRW 17,496,000 for recovery expenses KRW 550,00 for damages) and the amount calculated by applying the rate of KRW 1,650,000 for each month from January 1, 201 to the completion date of delivery of the building of this case to the completion date of delivery of the building of this case” (hereinafter “instant judgment”).

The instant judgment became final and conclusive around that time.

The Plaintiff entered into a lease contract with the Defendant on December 8, 201, setting the lease deposit amount of KRW 35,000,000, monthly rent of KRW 1,500,000, and the term of lease from December 8, 2011 to December 7, 2013, when the part of the instant building was transferred to the Defendant according to the instant judgment, and entered into a lease contract between the Defendant and the Defendant.

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