(영문) 대구지방법원서부지원 2016.10.12 2015가단17924

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(영문) 대구지방법원서부지원 2016.10.12 2015가단17924

임대차보증금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 1, 208, the Defendant entered into a lease agreement with C University on a deposit of KRW 10 million with respect to the one-story indoor 359 square meters (hereinafter “instant building”) from the underground floor of the pertinent university’s welfare center, and operated the billiard. At the time of the lease agreement, the following was included therein:

Article 18 (Restriction on Transfer, Assignment, Sub-lease, etc. of Rights) of the Contract for Lease of Party Head in the Welfare Center

1. A lessee shall not delegate management, joint use, change a name, transfer a right of lease, sublease or offer other security to a third party without a written approval of the lessor; and

2. Where a lease deposit and rent are transferred to a third party without obtaining written approval of the lessor, it shall be deemed that the contract is terminated unilaterally by the lessor;

The indication of the subject matter of a sales contract for the party hall: The seller and the purchaser agree to enter into a sales contract for the party hall of the building of this case as follows:

Article 1 In selling and selling the Gu, the buyer shall pay the purchase price as follows:

Sales amount: The full amount of the sales amount of KRW 78 million shall be paid simultaneously with the contract.

Article 2 The above head of the party shall take over the name of January 19, 201.

Article 4 When a seller receives any balance, he/she shall deliver to the buyer all documents by which the buyer can exercise his/her full ownership in the above Gu, and shall cooperate in all procedures for transfer of ownership.

Special Agreement

1. The deposit money of KRW 10 million shall be included in the purchase-price, and the buyer shall accept it from the school and pay it to the buyer upon completion of the contract with the school;

2.The seller shall deliver to the buyer all the goodwills, guards, curies and other necessary facilities to the buyer, by including them in the subject matter of sale; and

3. The lease period between a seller and a Cuniversity shall be at least four years, and shall be August 31, 201.

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