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Defendant B received KRW 100,000,000 from the Plaintiff, and at the same time, acquired real estate in the attached Table from the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 8, 2019, the Plaintiff entered into a lease agreement (hereinafter “first lease agreement”) with D as to the real estate listed in the separate sheet (hereinafter “the instant building”) with D, with the lease deposit of KRW 100,000,000, monthly rent of KRW 5,000,000 (excluding value-added tax), and from July 8, 2019 to July 21, 20201, and D thereafter paid KRW 100,000,000 to the Plaintiff and operated a marina business establishment (hereinafter “the instant business establishment”) with the trade name “E”.
B. On October 2019, D, while operating the instant establishment, expressed the Plaintiff’s intent to transfer the lessee status of the first lease contract to Defendant B, and the Plaintiff consented thereto.
C. On October 4, 2019, the Plaintiff entered into a lease agreement with Defendant B on the instant building with a deposit of KRW 100,000,000, monthly rent of KRW 5,000,000 (excluding value-added tax) and from October 4, 2019 to October 3, 2020 (hereinafter “second lease agreement”), and around that time, delivered the instant building to Defendant B. The lease deposit was substituted by KRW 100,00,000,000, which was paid from D.
Meanwhile, at the time of the conclusion of the second lease contract, D and the Defendants prepared each of the following commitments and delivered them to the Plaintiff.
D and Defendant C’s joint undertaking to prepare (hereinafter referred to as “first undertaking”)
1. On July 8, 2019, the lessee agreed to enter into a lease agreement with the lessor on July 8, 2019 to July 22, 2020, the deposit amount of KRW 100,000,000 for monthly rent of KRW 5,00,00 for the experience management office owned by the lessor, and the lessee has occupied and used it.
2. A lessee is unable to operate his/her business any longer due to personal circumstances, and thus, the lessee is entitled to all the rights under the lease contract from October 4, 2019.