(영문) 수원지방법원성남지원 2015.03.31 2013가합9440

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원성남지원 2015.03.31 2013가합9440

임대차보증금반환

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. Basic facts

A. The Defendants are co-owners of the 699.8 square meters G-gu, Manam-si, Sungnam-si, and Defendant B and F are co-owners of the buildings with three floors above the above land.

B. Around 1988, the Plaintiff’s husband leased approximately 100 square meters of the first floor of the above ground building from Defendant B (the agent of Defendant F) (hereinafter “instant building”).

(hereinafter “instant lease agreement”). C.

The instant lease agreement was renewed on December 31, 2004 and renewed on December 31, 2004, and the lease deposit was increased to KRW 300 million and KRW 3.6 million per month, and Defendant B issued a receipt to H that the lease deposit was paid 300 million on the same day.

The Plaintiff and H engaged in the clothing sales business in the name of “I” from the instant building until June 2003. From July 1, 2003, the Plaintiff and H had completed the business registration under the name of “J” and engaged in the cosmetic wholesale and retail business.

E. On August 2012, H decided to transfer the right to lease of the instant building to the Yel Telecom Co., Ltd. (hereinafter “Y”), and concluded a contract on August 23, 2012, on the transfer of the right to lease and the facilities of the instant building to KRW 450 million between the Yel Telecom and the Plaintiff’s name.

F. On October 4, 2012, Defendant B, consenting to the transfer of the above right of lease, entered into a lease agreement with the said building by setting the lease deposit of KRW 350 million, monthly rent of KRW 7.8 million, and the lease term from November 15, 2012 to November 14, 2014.

Accordingly, the instant lease contract between H, Defendant B, and F was terminated.

G. On October 9, 2012, H received premium of KRW 450 million from the Ycom, and the Plaintiff and H transferred the instant building to the Yel Telecom on November 2012.

H. On November 16, 2012, H decided to waive KRW 150 million out of the premium received from the Ycom.

유사 판례

-수원지방법원성남지원 2015.03.31 2014가합3128

-대전지방법원 2017.11.28 2016고단3309

-서울동부지방법원 2017.10.18 2016가단123021

-서울중앙지방법원 2017.02.17 2015가단5352909

-서울서부지방법원 2021.01.28 2020나48687