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Reasons
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(영문) 부산지방법원 2014.10.31 2014가합195
시설비 및 영업손실 반환
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 5, 2013, the Plaintiff entered into an agreement with Defendant B on the following terms (hereinafter “instant special agreement”) with the lease deposit amount of KRW 50 million, monthly rent of KRW 1.5 million, and from February 15, 2013 to February 14, 2015, the Plaintiff paid KRW 20 million out of the above lease deposit amount to the said Defendant.

1. Where a balance of KRW 30 million is not paid on June 30, 2013, the rent of KRW 1.8 million shall be paid monthly.

2. In the event that the commercial building of this case is sold and sold and the lessee is required to withdraw, the lessor shall pay the city facility.

B. On July 2, 2013, the Plaintiff decided to convert the amount of KRW 10 million, out of the lease deposit paid between Defendant B and Defendant B, to the Plaintiff’s obligation to borrow the loan against Defendant B, and the Plaintiff set the lease deposit as a total of KRW 30 million and the same year on August 30, 2013 and the same year.

9. Each of the 30. 30. 10 million won shall be paid to the above defendant, and the monthly rent shall be determined as KRW 1.5 million from July 15, 2013, and the plaintiff shall be determined as KRW 1.5 million, however, for the same year.

9. In the event that the lease deposit is not paid by the end of 30.30, a modified lease agreement was concluded with the purport that the monthly rent will be increased to KRW 1.6 million (hereinafter “instant modified contract”).

C. Meanwhile, on July 17, 2013, Defendant B, while selling the instant commercial building to Defendant C for KRW 700 million, agreed to the following contents:

1. The buyer shall confirm and succeed to the lessee's deposit 10 million won; and

2. The lease deposit shall not be subject to any liability other than KRW 10 million;

Defendant C, on October 18, 2013, filed an application with the Busan District Court 2013Kadan928 for the provisional injunction against the transfer of possession of the instant commercial building and received the decision of acceptance on the 23th of the same month (hereinafter “the provisional injunction”). The above court 2013Kadan85734, and the transfer of the instant commercial building on October 2013.

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