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(영문) 대전지방법원천안지원 2015.11.17 2014가단17318
보증금반환
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. The Plaintiff, Defendant B, and Defendant B, KRW 30,000,00.

Reasons

1. Facts of recognition;

A. Defendant B newly constructed a wedding hall building of the fourth floor above the ground (hereinafter “instant building”) on the ground surface D, Chungcheongnam-gun, Chungcheongnam-gun, and completed the preservation registration under the name of E, his/her father on September 16, 201.

B. Defendant C leased the instant building to Defendant B to operate the wedding hall. Although there was no deposit for the lease between Defendant B and Defendant B, Defendant C concluded a lease agreement with the term of five years including interest on the said agreed amount, Defendant C paid KRW 30,000,000 to Defendant B’s children, who were children of Defendant B designated by Defendant B, and paid KRW 400,000,000 to Defendant C in eight equal annual installments over four years, and the rent was five years, including interest on the said agreed amount.

C. Following the completion of the instant building, Defendant B and Defendant C entered into a lease agreement with the view to clarifying the part of the lease agreement with the exception of the agreed and repaid portion of KRW 400,000,000 among the above agreement, on September 15, 201, on the ground that Defendant C was a party to the said agreement, with respect to the instant building, for a period of 60 months from September 15, 201 to September 15, 201, the term of lease was 15,000,000 won per month.

Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) on April 27, 2011 with respect to the part of the photographic pipe (including photographic business rights) of the Plaintiff and the said wawale from the date of completion of the instant building, to August 1, 2013 from August 1, 2011 to August 1, 2013 (hereinafter “instant lease agreement”).

On April 27, 201, the Plaintiff transferred KRW 130,000,000 to Defendant C’s deposit account, and KRW 40,000,000 on May 20, 2011, and KRW 80,000 on August 8, 2011, and paid KRW 130,00,000 for lease deposit.

E. The operation of Defendant C’s “Hwa Holdings” was created in the vicinity of the sports ground, and it commenced the business, and the “Lwa Holdings” on the second floor of the K Terminal was resumed through remodeling.

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