logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.08 2017가단5033417
보증금반환
Text

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. A. D&D redevelopment project association (hereinafter “D&D”) promoted a reconstruction project to newly build a commercial building in the name of “H” (hereinafter “H”) on the ground of 4,144.3 square meters of the Seoul Jung-gu Seoul Special Metropolitan City, which was located in the land of the Gu E and F. The Defendant Company, Inc. (hereinafter “Defendant Company”), entered into a comprehensive implementation contract with the Non-Party Cooperative to perform all duties related to the said reconstruction project with the delegation. The instant commercial building was completed on June 4, 2010, and was opened on October 15, 2010.

B. Defendant B, as a member of the non-party partnership, completed the registration of ownership preservation on October 15, 2010 with respect to No. 238 (hereinafter “instant store”), among the instant commercial buildings, and Defendant C received the registration of ownership transfer with respect to the instant store on February 14, 2014. On July 21, 2010, the Plaintiff entered into a lease agreement with Defendant B, which is KRW 38,004,000, monthly rent of KRW 641,000 (VT) with respect to the instant store.

C. According to the standard sale contract between the non-party partnership, the association members and the defendant company, according to the non-party partnership, the non-party partnership, the association members and the defendant company: (1) the non-party partnership shares the divided shop of the commercial building of this case among the union members; (2) the association members agree to pay charges to the association members; and (3) the defendant company leases the object of sale to the company that is the executing agent; and (4) the defendant company agrees to dispose of the right of lease, etc.; and (3) the defendant company bears the rights and duties to dispose of the above right of lease by disposing of the above right of lease

Based on the above partner parcelling-out contract, the defendant company is a contract between the plaintiff and the plaintiff on June 9, 2008 concerning the right of lease of one unit of the second floor underground among the commercial buildings in this case.

arrow