(영문) 서울고등법원 2016.01.15 2015나2014295

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(영문) 서울고등법원 2016.01.15 2015나2014295

임대차보증금

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiffs' claims corresponding to the above revocation part are all filed.

Reasons

1. Basic facts

A. The F Co., Ltd. (hereinafter “F”) concluded a lease agreement (hereinafter “each of the instant lease agreements”) on part of the instant building with the Plaintiffs, respectively, with respect to the companies engaged in sanitary entertainment business, food sanitation business, etc. in Jung-gu Incheon Metropolitan City G commercial building (hereinafter “instant building”).

(A) Before registration of preservation of ownership for the instant building has been completed, Plaintiff A, C, and D concluded a lease agreement with the owner of the instant building and the owner of the instant building, “H and three other persons,” but thereafter F acquired the lessor’s status for the said Plaintiffs. On May 19, 2004, Plaintiff B, 11.71 square meters of precious metal 10,000,000, 300,000, 300,000, and later increased on September 27, 2004 at the time of the lease agreement with the owner of the instant building and the owner of the instant building. Plaintiff B, 150,000,0000, 300,0000 square meters of the instant building for 150,0000 square meters of the instant building for 305,000 square meters of the instant building for 150,0000,0000 square meters of the instant building for 205,6164,6006.

B. The plaintiffs moved in each of the above items on or after the above contract date or after the above contract date, and the plaintiffs A and B completed their business registration on November 23, 2004, January 3, 2005, and March 5, 2007 with respect to each of the leased items, respectively, and the plaintiffs D completed their business registration on January 29, 2005 with respect to the subdivision of the fifth floor of the building of this case.

C. On August 18, 2005, Plaintiff D and F changed the lease deposit from KRW 150,000,000 to KRW 140,000 with respect to the windowper of the fifth fifth floor of the instant building, and written a lease agreement with the term of lease until August 18, 2006.

After that, the term of each of the instant lease agreements is implicitly renewed or the parties thereto.

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