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(영문) 서울동부지방법원 2016.10.19 2014가합10081
전대차보증금반환
Text

1. The defendant is KRW 150 million for each of the plaintiff A, B, and D, and KRW 220 million for the plaintiff C, and KRW 100 million for the plaintiff E, and KRW 100 million for each of them.

Reasons

Basic Facts

The Korea Land Trust Co., Ltd. (hereinafter referred to as the “Korea Land Trust”) leased the instant building to the Defendant on May 13, 2009, by setting the lease deposit amount of KRW 500 million, monthly rent of KRW 48 million (residential apartment 52 households), KRW 10 million (office officetels 13), and from May 13, 2009 to May 12, 2012, after treatment and construction (hereinafter referred to as “treatment Construction”).

The Daewoo Construction terminated a trust agreement with the Korea Land Trust, received the ownership of the instant building from the Korea Land Trust on December 23, 2011, and subsequently succeeded to the said lease agreement concluded between the Korea Land Trust and the Defendant (hereinafter “instant lease agreement”) on May 11, 2012, and changed the lease deposit amount to KRW 900,000 (excluding value-added tax), between May 13, 2012 and May 12, 2014, with respect to the lease term of 51 households, officetels, and 11 households, from May 13, 2012 to May 12, 2014.

During the period from January 31, 2012 to December 20, 2013, the Defendant subleases to the Plaintiffs each of the relevant households indicated in the column for “sub-lease object” of the instant building as indicated in the following table of the status of sub-lease (hereinafter “each of the relevant sub-lease object”), and received from the Plaintiffs each of the relevant sub-lease deposit stated in the “de-lease deposit” column of the Plaintiffs (hereinafter “each relevant sub-lease deposit”).

Treatment Construction approved each sub-lease contract between the plaintiffs and the defendant (hereinafter referred to as "each sub-lease contract of this case").

(1) A. A. 1. 1. 1. 1. 8. 1. 28. 1. 8. 8. 1707 from October 3, 2013 to October 2. 3, 2015, KRW 2. 300 million from February 20, 2012, No. 1904, Apr. 2, 2012.

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