(영문) 서울중앙지방법원 2014.06.12 2011가단410468

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(영문) 서울중앙지방법원 2014.06.12 2011가단410468

임차보증금반환

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

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

Reasons

1. Facts of recognition;

A. On December 9, 2009, the Defendants: (a) awarded a successful bid for the seven-story building located D in Yongsan-si on the same day; and (b) completed the registration of ownership transfer by one-half shares each on the same day; (c) Defendant C transferred the entire shares of the said female building to Defendant B; and (d) completed the registration on December 13, 201.

B. On March 16, 2010, Defendant B, an in-house director, registered the accommodation business under the name of F (hereinafter “instant hotel”). On November 3, 2010, the Plaintiff’s representative director, registered the business under the name of G (hereinafter “instant hotel”).

C. As to the hotel of this case, the lessor is all indicated as the Defendants, but there exists a lease agreement in the other four different types of lease agreements, each of which includes the lessee, deposit, or monthly rent and the date of preparation. The contents of each lease agreement are as follows.

① On March 16, 2010, the lease contract (No. 1) in the name of the Plaintiff (hereinafter “instant lease contract”) stipulated that the lessee is KRW 100,000,000 for the Plaintiff, the lease deposit KRW 100,000,000 for monthly rent. Article 1 of the contract provides that “The payment of the contract shall be made at the time of the contract, and the payment shall be made at the time of the contract,” and Article 2 provides that “The lease period shall be from March 16, 2010 to March 15, 2015,” and the following special provisions are stated therein:

1.This article is the contract in the condition at the time of the contract, and the value added tax and management expenses are separate.

2. The payment of separate dividends should be made on and after October 30, 2010. 3. The lease period will be agreed to the said F sale.

The monthly loan account (H of our bank) ② The lease contract (No. 2) in the name of lessee E on March 16, 2010 entered the lessee into the lease contract in E, 50 million won for lease deposit, 8 million won for monthly rent, and 8 million won for lease from March 16, 2010 for the lease period.

(3) November 2010

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