(영문) 창원지방법원 2019.01.16 2018가단107315

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(영문) 창원지방법원 2019.01.16 2018가단107315

청구이의

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1. The Defendant’s notary public against the Plaintiffs, No. 173, April 17, 2018, No. 173.

Reasons

1. Facts of recognition;

A. On January 27, 2013, Plaintiff A leased the instant singing room from F to F for a fixed period of 20,000,000 won, monthly rent of KRW 2,00,000, and two years. On July 29, 2015, Plaintiff A leased the instant singing room from H (F) with a deposit of KRW 10,000,000, monthly rent of KRW 190,000, monthly rent of KRW 1,900,000, and the period of two years. At the time, Plaintiff A entered into a lease agreement with F and H, each of the lease agreements entered into by the Plaintiff with the Plaintiff as “the lessee is unable to transfer the right of lease, etc. without the lessor’s consent” (Article 3), and there was an addition to the following summary of the agreement (Article 3).

1. All the tegratives are air conditioners, air conditioners, water purifiers, water purifiers, SK machines, signboards, five fire extinguisherss, five rooms, and four rooms are installed in ceiling machinery facilities, ceilings, walls, and high-class lights, and they are installed in a tegrative juscing, kitchen, and soften. 3. When a store is off, the change of the name of the owner of the building (owner of the building) shall be avoided.

단, 다른 사람에게 몰래 (명의변경)을 해주든지 또한 건물주에게 명의변경을 해주지 않을 땐 (법적조치)의 배상을 한다.

Since a permit is the owner of a building, it is the (name change) cycle to the (name change) entry into the store.

B. On February 1, 2018, Plaintiff A agreed to renew the instant singinging agreement with H on two years (However, the monthly rent was reduced to KRW 1,800,000), and on the same day, Plaintiff A transferred the instant singinginging business right, including the right of lease, to the Defendant in premium of KRW 60,000,000.

On the other hand, even in the lease agreement newly prepared by the plaintiff A with H, the provisions such as restrictions on the transfer of the right of lease were maintained, and the following was added to the additional list of contracts.

7. When the store is off, the name of the owner of the building is changed (the name of the owner of the building as now is as the licence is given).

(F)the name of the signboard shall be without relation.

유사 판례

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-서울중앙지방법원 2018.07.18 2016고단1304

-청주지방법원 2015.05.27 2014가단24235

-서울중앙지방법원 2015.09.25 2015나20222