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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is the owner of the building in Jeju City C.
Around December 13, 2010, the Defendant entered into a lease agreement with the victim D on “E cafeteria” (an area: approximately KRW 25 square meters under the lease agreement) operated by the Defendant on the first floor of the building in question, stating that the lease period is five years until December 13, 2015; the deposit is three million won; the remainder of the deposit is seven million won (one million won per annum in 2013); and the premium is KRW 19 million; and the Defendant entered into a lease agreement on the transfer of restaurant business rights and the transfer of real estate (hereinafter “the first agreement”). After December 13, 2012, the Defendant agreed to re-prepare the lease agreement (an area: 81 square meters in size under the lease agreement) and then to increase the lease period by 13 million won in lieu of the lease agreement to 13 million won in advance (hereinafter “13 million won in advance”). On the other hand, the lessee agreed to extend the lease period by 13 million won in lieu of the lease agreement.
The second contract is called ‘the second contract'.
However, at the time of the first and second contracts, the Defendant was a general restaurant with only 10.8 square meters, which is part of the 10.8 square meters on the building ledger, and the place of business was reported. The remainder of the leased area agreed upon at the time of the lease agreement was in a situation where the Defendant arbitrarily extended or changed the purpose of use, and thus, if such fact is discovered to the competent authority, the victim could not be guaranteed the agreed rental period and the leased area, and if the victim knew of such fact, the Defendant did not enter into the lease agreement, or did not enter into the contract with the above contents, even though the Defendant did not notify the victim of such fact.
Ultimately, the Defendant is as above.