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(영문) 인천지방법원 2016.08.23 2016가합50692
임대보증금반환 및 시설물소유권확인의 소
Text

1. The Defendants (Counterclaim Parties) jointly share KRW 150,000,000 against the Plaintiffs (Counterclaim Defendant) and the same on January 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 2006, the Defendants concluded a lease agreement with H and the lease term of five years, the owner of G buildings located in E and F (hereinafter “instant building”), the lease deposit of KRW 150 million, monthly rent of KRW 55 million (hereinafter “the instant first lease agreement”).

B. Since then, the Defendants installed the facilities listed in the attached list in the instant building (hereinafter “instant bowling facilities”) and operated the Ibing Chapter 3.

C. On July 1, 2009, the Plaintiffs entered into a sublease contract with the Defendants to lease the instant building from the Defendants and lease the instant bowling facilities (hereinafter “instant sublease contract”). The key contents are as follows.

1. Object of lease with indication of real estate: 150,000 won per month for lease with facilities located in the Ibring place and interior interior interior interior: 700,000 won;

2. Terms and conditions of the sale and purchase simultaneously with the expiration of the term of the lease after two years (guarantee of the lease and lease of a building for five years);

D. On January 6, 2011, the Defendants concluded a lease agreement with H and the instant building from January 6, 2011 to January 5, 2016 (hereinafter “instant secondary lease agreement”). The instant sublease agreement between the Plaintiffs and the Defendants was also renewed from January 6, 2011 to January 5, 2016.

E. On December 2015, the Defendants notified H that he would not renew the instant secondary lease agreement, and notified the Plaintiffs of the termination of the instant secondary lease agreement upon the expiration of the instant secondary lease agreement.

F. From September 2009 to December 2, 2015, the Plaintiffs paid to H the rent of KRW 5.5 million for the instant building, and KRW 7 million for the instant bowling facilities to the Defendants each month.

[Reasons for Recognition]

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