(영문) 광주지방법원 2019.11.28 2019나759 | 리걸엔진

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(영문) 광주지방법원 2019.11.28 2019나759

전대차보증금반환 등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

On October 28, 2010, the Defendant drafted a shopping district lease agreement for the lease deposit amounting to KRW 100 million, monthly rent amounting to KRW 920,000,000, and five-year period of lease with the lessor and the first instance Defendant C (hereinafter “C”), with respect to the general assembly of sectional owners (hereinafter “the shopping district management committee”) and the 72 stores of the first floor among the first floor stores of the building in Gwangju-dong-gu Seoul Special Metropolitan City (hereinafter “instant stores”).

(hereinafter, when both the Defendant and C are called together, the Defendant et al. commenced business on October 28, 2010 with the trade name “E” at the instant store, and thereafter occupied and used the instant store by sub-leaseing the former lessee.

(1) Around October 1, 2010, a two-year sublease contract was made between the Plaintiff and C with respect to Fho Lake and G (hereinafter “sub-lease store in this case”) among the stores in this case, with respect to the sub-lease C, 28 million won of the sub-lease deposit to the Plaintiff, and the sub-lease period of the sub-lease.

(2) On October 1, 2010, the Plaintiff paid KRW 28 million to the Defendant, etc. according to the instant sublease contract.

The instant sub-lease contract was terminated by agreement around July 20, 201, and accordingly, the Plaintiff transferred the instant sub-lease store to the Defendant, etc. around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of the request to the Gwangju District Court for delivery of documents, the purport of the entire pleadings, and the plaintiff's primary claim for judgment, the defendant borrowed the name from Eul and operated the store of this case.

The Plaintiff entered into the instant sub-lease contract with the Defendant, the actual operator of the instant store, and paid KRW 28 million to the Defendant the sublease deposit.

The sub-lease contract of this case was terminated on July 20, 201, and the plaintiff was the defendant around that time.

유사 판례

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