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1. Defendant B’s KRW 96,00,000 as well as 5% per annum from December 3, 2013 to November 11, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. In the construction of the first floor F (hereinafter “instant shopping mall”), which is owned by the Busan Urban Railroad Corporation in around 2008, the Busan Urban Railroad Corporation (hereinafter “the instant shopping mall”), three companies, such as the executory company, Jeong & Yang Development Co., Ltd. (hereinafter “L”), and G Co., Ltd. (hereinafter “G”), entered into a concession agreement with the executory company. The contents of the agreement were to install facilities at the consortium and operate the said shopping mall for twenty (20) years, by paying a rent of KRW 150 million per annum to the Busan Urban Transportation Corporation, and after twenty (20) years, the entire authority of the shopping mall was transferred to the Busan Urban Transportation Corporation.
B. On June 30, 201, the Busan Urban Transport Corporation approved the sale of G as the representative of the consortium under the standard rental contract. According to the standard rental contract terms and conditions, the lessee (seller) must deposit the pre-sale rent into the account of the pre-sale real estate trust account. Unless otherwise, the sales contract is valid, and the transfer and sub-lease of the right of lease is prohibited.
C. On January 201, 2013, H had been working as a sales agent for the instant commercial building, and around January 201, Defendant C lent KRW 200 million to G and was requested to sell the right to lease of the instant commercial building B-36 (hereinafter “instant store”).
On the other hand, since the advance payment of rent is not deposited into the account of the original real estate trust as stipulated in the standard rental contract, the right to lease of the above store was only effective between Defendant C and G, which is the lessee, and if G is unable to perform its normal obligation due to its default, the purchaser of the above right to lease cannot claim the right to lease normally against the Busan Urban Transit Authority, etc.
(e) in the past;