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Reasons
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(영문) 대전지방법원홍성지원 2017.10.17 2016가단1588
임대차보증금
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1. The Defendant amounting to KRW 150 million to the Plaintiff, as well as 5% per annum from April 3, 2016 to October 17, 2017.

Reasons

1. Basic facts

A. On August 1, 2002, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the owner and the Plaintiff’s partner F with respect to the portion of 45 square meters among the first floor E (hereinafter “instant store”) of the 1st floor of the building located in Chungcheongnam-nam Budget Group C (hereinafter “instant store”).

Article 2 (Term of Lease) (1) The term of validity of this lease is from August 1, 2002 to July 30, 2004. (2) The lessor and the lessee are deemed to have extended the term of the lease for one year under the same conditions as this lease.

Article 3 (Lease Deposit) (1) The lessee has to pay KRW 150 million for the area of Article 1(2) as a lease deposit. (b) As to the instant store, the following sales contracts were formulated between H and the Defendant on August 30, 201: (a) the registration of ownership transfer based on the name of G on October 25, 2002, and the registration of ownership transfer based on the name of G on August 14, 2008, as the type of sale in G on August 19, 2008, respectively; (b) the registration of ownership transfer based on the name of H, a type of sale in G, “as of July 3, 2008.”

. A real estate sales contract dated August 30, 201;

1. Indication of real estate;

(a) A’s share of land Chungcheong-gun C, 12,497.8 square meters;

(b) The first floor E (the instant store), the second floor E, the third floor E, and the fourth floor E among the fourth floor of the ground reinforced concrete structure on the ground of the building;

2. In the sale of the above real estate under Article 2 of the terms of the contract, Eul will pay the purchase price as follows:

(a) Total purchase price: 4.2 billion won, and value-added tax on the building portion shall be separately imposed;

(b) Contract deposit: 20 million won, and payment shall be made on the date of conclusion of contract.

C. Balance: 40 billion won, 40 million won.

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