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(영문) 대구지방법원 2017.12.21 2017가단108544
상가건물임대차등기 말소등기
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant on November 15, 2013 at the Daegu District Court Busan District Court Gyeongsan registry office.

Reasons

1. Facts of recognition;

A. On May 3, 2011, the Defendant drafted a first lease agreement with C’s agent D and the first floor store (hereinafter referred to as the “instant store”) among the real estate listed in the attached list owned by C (hereinafter referred to as the “instant real estate”) from June 10, 201 to June 24, 2011, and the deposit amount of KRW 40 million (the contract amount of KRW 40 million shall be paid in a lump sum at the time of the contract).

B. The Defendant filed a lawsuit against C in 2011 with the Daegu District Court demanding the return of KRW 40 million for lease deposit, and the Daegu District Court rendered a judgment in favor of the entire Supreme Court on September 22, 2011 (201Da49377).

C. On July 20, 2012, the Defendant: (a) completed the second lease agreement (hereinafter “instant lease agreement”); (b) on July 20, 2012, the Defendant had the fixed date from the head of the Busan District Tax Office to obtain a registration of business from the said lease agreement; and (c) filed an application for registration of business on August 3, 2012, with the said lease agreement, for a period from July 20, 2012 to 24 months; (d) the deposit amount of KRW 50 million (the contract amounting to KRW 50 million shall be paid in lump sum at the time of the contract).

On October 19, 2012, the Defendant filed a lawsuit against C with the Daegu District Court seeking the return of KRW 50 million of lease deposit (2012dan54826), and the cause of the claim is as follows, and the relevant warden was served to C on October 25, 2012.

In addition, on January 23, 2013, the conciliation was concluded to the effect that “C shall pay KRW 50 million to B (the Defendant in this case) by March 15, 2013.”

When concluding a lease agreement with the plaintiff (the defendant of this case) on the store of this case, C promised to provide various kinds of facilities, such as electric facilities, septic tanks, etc., which the plaintiff is able to conduct business, but it was not able to conduct business by moving-in business due to no damage to such facilities.

Therefore, although the above facilities have been urged to be installed several times, it is said that the facilities can not be damaged because it is delayed only once the next day.

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