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(영문) 서울북부지방법원 2020.10.15 2017나39922
임대료
Text

1. The judgment of the first instance court, including the Plaintiff’s conjunctive claim added at the trial room, shall be modified as follows.

Reasons

1. Facts of recognition;

A. On March 16, 2010, with respect to the lease deposit amounting to KRW 9,00,000, monthly renting KRW 1,500,000 in the name of the lessor and the lessee, as to the lease deposit amounting to KRW 9,00,00,00 in the name of the lessor and the Plaintiff, and the lease period from March 16, 2010 to March 16, 2028 (hereinafter “the lease agreement”).

The Plaintiff paid KRW 9,00,000,000 to C around the date of the preparation of the above contract, and received the above object from C.

B. On May 7, 2012, with Defendant B and his husband, the Plaintiff’s mother concluded a sublease contract with respect to the remainder of the first and second floors of the instant building with the exception of the parts used by Q in the automobile maintenance business (hereinafter “instant real property”) (hereinafter “the instant real property”), which was set as 20,000,000,000,000,000,000,000,000,000,000,000, from May 25, 2012 to May 15, 2014, the details of the sub-lease contract were subsequently amended.

(hereinafter referred to as “instant sub-lease contract”). The actual sub-lease of the instant sub-lease contract is the Plaintiff.

Paragraph 4 of the Special Agreement on Sub-lease of this case includes the provision that "the sub-leaser shall obtain the consent of the lessor with respect to the sub-lease contract of this case: Provided, That if the consent is not possible, the sub-lease contract of this case shall be cancelled and the sub-lease shall be refunded five million won to the sub-lessee, and the sub-lessee shall not raise any objection thereto (request for damages, etc.)."

C. On September 14, 2015, C died (hereinafter referred to as “the deceased”) and was R, S, andT as the siblings of the deceased, but all of the deceased died first, and is the Appointor I written in the separate name list of the deceased and the wife of the network S.

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