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(영문) 의정부지방법원고양지원 2015.05.14 2014가합3535
임대차보증금반환 등
Text

1. Defendant B’s KRW 139,203,183 as well as 5% per annum from November 1, 2013 to May 14, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 5, 2010, the Plaintiff leased Defendant B, “The instant building” (hereinafter referred to as “instant building”) as “The lease deposit: 150 million won: from August 15, 2010 to August 15, 2014; and the rent: 6.5 million won per month (excluding value-added tax, and KRW 8 million per month after two years from the date of conclusion of the contract).”

(hereinafter “instant lease agreement”). B.

On August 5, 2010, the Plaintiff acquired all equipment and facilities in the instant building from Defendant C (Defendant B’s wife) at KRW 60 million.

(hereinafter “instant contract for the transfer of facilities”). (c)

On August 9, 2010, the Plaintiff paid the lease deposit of KRW 150 million to Defendant B, and operated the “E” restaurant by receiving delivery of the instant building from Defendant B.

On October 19, 2012, the procedure of voluntary auction was initiated with the Goyang Branch of the District Court for the instant building on October 19, 2012. G purchased the instant building in the auction procedure and completed the registration of ownership transfer on November 1, 2013, and was handed over the instant building through an order to deliver real estate around December 2013.

The building of this case is in progress a voluntary auction (F) for the high-level district court, and agree to the following matters in cooperation between the lessor and the lessee.

1. In principle, Defendant B’s succession to the terms and conditions of the Plaintiff’s present lease to the buyer (i.e., the buyer) if the Plaintiff wishes, Defendant B shall pay KRW 200 million, including deposit for lease, to the Plaintiff with a grace period of up to three months after the completion of the registration of ownership transfer.

3) In the case of paragraphs (1) and (2) above, the Plaintiff shall provide all the documents related to the cancellation of the lien to Defendant B. 4) The Plaintiff, prior to the decision of permission for real estate sale, shall apply for the lien, and shall set the amount as KRW 3.4 million and apply.

2. The defendant B shall be designated by the court.

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