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(영문) 서울남부지방법원 2017.07.06 2015가합7559
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) On August 30, 2006, the Plaintiff owned 1/2 shares between the deceased and Defendant B, the wife of the deceased and the deceased, in the name of the Plaintiff’s mother on August 30, 2006 (hereinafter “instant building 1”). The building located in Gangseo-gu Seoul Metropolitan Government I (hereinafter “instant building”).

() As to the first, second, and third underground floors, the term of the contract was from August 30, 2006 to August 29, 201, and the deposit was KRW 60 million (no monthly rent). On June 30, 2009, the Plaintiff concluded a lease contract with the deceased for the first floor of the instant building from July 1, 2009 to June 30, 201, with the term of the contract was KRW 500,000,000 for the first floor of the instant building (i.e., the Plaintiff, in fact, entered into a lease contract with the security deposit of KRW 110,00,000,000,000 for the instant building, and KRW 10,000,000 for the monthly rent and KRW 10,000,000 for the instant building). However, the Plaintiff asserted that the Plaintiff did not separately enter the contract as above and did not make a separate statement as to taxes.

(2) From August 30, 2006, the Plaintiff operated entertainment bars and accommodation facilities on the first floor, the second floor, the second floor, and the third floor of the instant building 1. On July 27, 2009, the Plaintiff registered its business for the Chinese-style food store business, which was called “J”, and operated its business on the first floor of the instant building 1.

3) On June 30, 2009, the Plaintiff is the first to the fifth floor of the building located outside Gangseo-gu Seoul Metropolitan Government, which was owned by the Deceased on June 30, 2009 (hereinafter “the second building of this case”).

) As to the term of the contract regarding the building, the term of the contract was from July 1, 2009 to June 30, 201, with a deposit of KRW 30 million, monthly rent of KRW 13 million (the Plaintiff asserted that only lent the building in his name and was not actually leased and used by himself) but there is no evidence to acknowledge that the contract was concluded.

4) From November 9, 2006 to April 28, 2011, a national bank account (L) in the Plaintiff’s mother’s name to Defendant B’s account.

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