beta
Text
1.The judgment of the first instance, including any claims added at the trial, shall be modified as follows:
The defendants are the defendants.
Reasons
1. Basic facts
A. On August 10, 2012, the Plaintiff leased the instant building owned by the Plaintiff to Defendant B for the period from August 25, 2012 to August 25, 2014 (hereinafter “instant lease agreement”). The Plaintiff leased the instant building, which was owned by the Plaintiff, to Defendant B, KRW 20,000 per month (on the 25th day of each month, in advance, and on the 25th day of August 25, 2013, in advance, KRW 950,00) and the period from August 25, 2012 to August 25, 2014 (hereinafter “instant lease agreement”).
(2) According to the instant lease agreement, Defendant B paid KRW 20,000,000 to the Plaintiff around that time, and received the instant building from the Plaintiff, and registered the business around September 3, 2012 with the trade name, “H,” and registered the restaurant business at the time of Kim Sea around September 4, 2012.
B. Defendant C’s commencement of business, and Defendant B discontinued his restaurant business from January 2013, and around May 2013, the following agreements with Defendant C (hereinafter “instant agreement”).
Defendant B transferred to Defendant C all the facilities installed by Defendant B for the restaurant business as above to KRW 20,00,000 for premium. Defendant C paid KRW 20,000,000 for deposit and KRW 950,000 for monthly rent (Provided, That as set forth in the instant lease agreement, from August 25, 2013 to 950,000 for rent) to the Plaintiff as set out in the instant lease agreement. Defendant C paid KRW 20,00,000 for two times on May 9, 2013 and May 24, 2013 to Defendant C, and thereafter commenced the restaurant in the instant building with the trade name “E” from around that time.
C. On October 25, 2013, Defendant B filed a lawsuit against the Plaintiff claiming the return of KRW 20,000,000 of the lease deposit paid under the instant lease agreement with the Changwon District Court Kimhae-si court (the foregoing court No. 2013Da36188, Feb. 9, 2015). At the same time, the Plaintiff’s delivery of the instant building from KRW 15,649,034 to Defendant B from September 4, 2013 to September 4, 2013.