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(영문) 서울중앙지방법원 2015.12.08 2015가단157390
청구이의
Text

1. Each of the plaintiffs' claims against the defendants are dismissed.

2. This Court No. 2015 Chicago524.

Reasons

1. Basic facts

A. On April 5, 2010, the Plaintiffs: (a) leased the fifth and sixth floors (hereinafter “instant store”) among the buildings listed in the attached list (hereinafter “instant building”) from Nonparty E from Nonparty E (hereinafter “the instant building”); (b) KRW 50 million in lease deposit; (c) KRW 6 million in the rent month; (d) from April 15, 2010 to April 14, 201, the term of the lease was set and leased (However, the term of the contract includes, “the possibility of extending the contract at the time of the lessee’s request”; and (e) operated the camera, etc. with the trade name “F” at the instant store.

B. On October 18, 2010, E sold the instant building to Dan &com Co., Ltd. (hereinafter “Dan &com”), and Dan &com Co., Ltd received the registration of ownership transfer on December 3, 2010 from the Seoul Western District Court’s Busan District Court’s receipt No. 38596 on the instant building.

C. On April 18, 201, 201, Dan &com filed a lawsuit against the Plaintiffs to the effect that “the Plaintiff, as the Plaintiff did not pay rent, terminated the lease agreement and receive the remainder after deducting rent, etc. from the lease deposit,” and at the same time, sought the delivery of the instant store.”

(Seoul Western District Court 201Kadan141403). Also, Dan L&comer filed an application for provisional injunction against possession transfer of the instant store with respect to the Plaintiffs (this Court 201Kadan43951), and received a decision citing the above provisional injunction application.

C. On December 6, 2011, the following mediation (hereinafter “instant mediation”) was established in the instant lawsuit between N&Wn and the Plaintiffs.

1. The Plaintiffs are paid the remainder after deducting the unpaid rent and management expenses from the lease deposit amount of KRW 50 million from the Multilatern to the delivery of the instant store from the deposit amount of KRW 50 million, and simultaneously deliver the instant store to the Multilatern on December 31, 2013.

2. The Plaintiffs were the instant stores from January 1, 2012 to Dan L&comer.

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