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(영문) 서울서부지방법원 2015.10.15 2014가단42229
권리금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 2004, the Plaintiff entered into a lease agreement stating that “10,000,000 won for lease deposit, monthly rent of KRW 3,000,000 for rent, and KRW 24 months from August 10, 2014, the lessee does not sublease or transfer the right of lease without the lessor’s consent, and the lessee does not recognize the right of lease,” and operated a window dressing in the instant commercial building.

B. On December 15, 2007, the Plaintiff entered into a modified contract with the Defendant to the effect that “20,000,000 won for lease deposit, monthly rent 3,40,000, and 24 months from December 10, 2007, and the lessee did not sublease or transfer the right of lease without the lessor’s consent.”

C. (1) Subsequent to this, the lease contract has been continuously renewed. On July 27, 2014, the Plaintiff entered into a contract on the transfer of the right to the instant commercial building with Nonparty D, stating that “The amount of KRW 97,000,000 for premium (10,000 for a contract, the remainder of KRW 87,000 for a contract, and the remainder of KRW 80,000 for a contract)” is subject to the conclusion of a lease contract with a lessor, and that “the down payment of KRW 10,000 for a contract is refunded when a contract is not concluded due to a lessor’s circumstances, and the contract on the transfer of the right becomes null and void.”

(2) The plaintiff requested the defendant to consent to the above transfer contract, but the defendant rejected the above transfer contract.

(3) On September 1, 2014, the Plaintiff removed the instant commercial building from D.

On October 14, 2014, the Defendant entered into a lease agreement with Nonparty E on the instant commercial building, stating that “50,000,000 won for lease deposit, monthly rent 4,400,000 (including value-added tax), period of lease from October 29, 2014 to October 28, 2017, and the lessee would leave without premium even when entering without premium.”

Grounds for Recognition: Facts without dispute, Gap evidence 1 through 6, and Eul evidence 1;

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