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(영문) 인천지방법원 2019.11.12 2019나1244
임대차보증금
Text

1. Revocation of the first instance judgment.

2. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

3.The Court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The title relationship and current status of real estate 1) changed to D Co., Ltd. (hereinafter “Co. E”) on June 29, 2002.

hereinafter referred to as “instant company”

(2) On December 19, 2002, the company of this case purchased KRW 2,500,000 square meters (including a building on the ground) from H and 27 lots of land (including a building on the ground) for the purchase of KRW 2,500,000,000, from F and G to the Singu Incheon Metropolitan City after December 27, 2001, the name of the administrative district was changed from Nam-gu, Incheon. However, the company of this case completed each registration of ownership transfer from F as to the land of this case for the sale of KRW 30,00,00.

3) On May 1, 2002, the instant company completed the registration of ownership transfer with K on the land of this case with regard to 30 square meters in Nam-gu Incheon Metropolitan City I, Nam-gu. 4) On May 1, 2002, the instant company completed the registration of ownership transfer with regard to 26 square meters in Nam-gu, Incheon. L again completed the registration of ownership transfer with Defendant B on February 13, 2006.

5) On the other hand, unregistered commercial buildings were constructed on the instant land. (B) On September 2, 2006, the instant company delegated all matters concerning the management and maintenance of the said real estate and the receipt of lease deposit and monthly rent when concluding a lease agreement on the said real estate to the Defendant C until the ownership of the said real estate with a size of 2,000 square meters and all above-ground buildings located outside H 27, Nam-gu, Incheon, and the ownership of the said real estate with a size of 27,000 square meters and above-ground buildings.

2) On April 2015, the Plaintiff is the first floor of the non-registered commercial building on the instant land (hereinafter “instant commercial building”) between Defendant C and Defendant C.

3) A lease agreement stipulating that the lease deposit is KRW 5,000,000 and KRW 400,000 per month for rent (hereinafter “instant lease agreement”).

AB concluded the agreement.

The instant lease agreement is concluded.

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