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(영문) 서울고등법원 2019.03.27 2018나2051578
임대보증금반환
Text

1. The plaintiff's appeal and the defendant C's appeal are all dismissed.

2. The appeal cost arises between the Plaintiff and the Defendant B.

Reasons

1. In addition to the following, the part excluding the conclusion among the reasons to be stated in the reasoning of the judgment of the court of first instance excluding the conclusion among the reasons to be stated in the instant case, and the part pertaining to the reasoning of the judgment of the court of first instance excluding additional determination as to the allegations made by the plaintiff in this court as set forth in paragraph (3) is the same as the relevant part of the

2. The portion of the court's appeal to the court of first instance shall have been dismissed as follows from the second to 14th of the judgment of the court of first instance.

Defendant C leased 1st floor F of building E in the name of Defendant B from Sungnam-si, Sungnam-si, Co., Ltd., Ltd., and completed the registration of joint business on February 25, 2017, Defendant B and the joint business operator, from March 2017 to Smarket. The Defendant, “Defendant C,” in the 3rd page 11 of the judgment of first instance, “The name of Defendant B,” was changed to Defendant B.

In the first instance judgment, the "Defendants" in the 3, 9, 12, 13, and 15 of the 4th instance judgment shall be brought to "Defendant B", respectively.

On the fourth and twenty sides of the judgment of the first instance, the "defendants" in the 18 and 20th shall be applied to "Defendant C" respectively.

Part 5 of the judgment of the court of first instance shall be written with "No. 2 and No. 7" as "No. 2, 7, and 11".

On the 5th page of the first instance judgment, “A consent has been obtained” in the 19th instance judgment, and thereafter, “a return of the sublease bond of this case by the Defendants shall be made simultaneously with the Plaintiff’s store delivery, even if the obligation to return the sublease bond of this case is recognized.”

From the last 5th of the first instance judgment to the seventh 18th of the first instance judgment, it shall be followed as follows.

The Plaintiff asserts that Defendant B, along with Defendant C, is in the position of joint predecessor of the instant sub-lease agreement.

In full view of the above evidence and the following circumstances revealed by the facts of recognition, it is reasonable to regard the other party to the instant sub-lease as Defendant C as Defendant C.

Therefore, the plaintiff's claim against the defendant B is without merit.

(1)

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