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(영문) 서울북부지방법원 2018.02.01 2017가합24889
임대차보증금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From around 2010, the Plaintiff entered into a lease agreement with E, the Plaintiff entered into a lease agreement with the content that the Plaintiff would lease the attached building owned by E (hereinafter “instant building”).

B. The death and inheritance of E died on June 4, 2014, and on August 13, 2014, the registration of transfer of ownership in the name of the Defendants (Defendant B3/7 shares, Defendant C, and 2/7 shares, respectively) was completed as to the instant building owned by the deceased E (hereinafter “the deceased”).

C. On November 5, 2014, the Plaintiff entered into a lease contract with the Defendants, the heir of the Deceased, and the Plaintiff entered into a lease contract with the terms that the Plaintiff would lease the instant building with a deposit of KRW 140,000,000, monthly rent of KRW 7,000 (in March 11, 2015, KRW 8,500,000) and the lease term of November 10, 2014 to November 9, 2016 (hereinafter “instant lease contract”).

The Defendants, on November 1, 2016, notified the Plaintiff of the refusal to renew the instant lease agreement, but the Plaintiff refused to deliver the instant building. On December 8, 2016, the Defendants filed a lawsuit against the Plaintiff for the delivery of the building on the ground of the expiration of the lease term as Seoul Northern District Court 2016dan150579. (2) The said court of May 17, 2017, without the validity of the notice of the Defendants’ refusal to renew the lease term on May 17, 2017. Accordingly, the instant lease agreement was implicitly renewed and its lease term was extended at least by November 9, 2017, and the Defendants’ claims were dismissed, and the said judgment became final and conclusive as is on June 9, 2017 due to the Defendants’ failure to file an appeal.

E. On June 27, 2017, the Plaintiff entered into a contract for acquisition of rights with F, to transfer to F the right to lease, etc. of the instant building in KRW 110,000,00 for premium to F.

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