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(영문) 대구지방법원 2018.09.12 2018나308687
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 2, 1989, the Defendant’s husband C completed the registration of transfer of ownership on the ground of sale with respect to the E market No. 299 of the same Part on the second floor in the E market fourth district in Jung-gu, Daegu-gu, Daegu-gu (a signboard is marked by 1002; hereinafter “instant store”).

B. Around June 2007, the Plaintiff entered into a lease agreement stipulating that the instant store was leased by the Defendant and C husband and wife for a total of KRW 22.8 million in rent for 12 months, and by August 15, 2009. Around that time, the Plaintiff agreed to pay KRW 30 million in premium for the instant store.

C. On June 18, 2007, the Plaintiff paid KRW 6 million to the former lessee (the trade name appears to have been F; hereinafter “F”) of the instant store in lieu of the payment of the premium to C. Around that time, the Plaintiff paid KRW 12-month rent from August 2007 to August 2008 for the period of 12-month rent from August 2007 to August 2008.

On July 26, 2007, the Plaintiff paid 32,80,000 won out of the total amount of KRW 24 million (6 million paid to KRW 30 million-F) and 12,80,000 won (=2,80,000 won-10,000 won) for the remaining 12-month portion in relation to the store of this case, and paid 32,80,000 won to C before the opening of business at the store of this case.

E. After that, on October 2007, the Plaintiff paid the remainder of 4 million won to C, and commenced the relevant business with the trade name of “G” at the instant store.

F. On August 15, 2009, the Plaintiff entered into a lease agreement with the Defendant to rent the instant store amounting to KRW 10 million per month and KRW 1.6 million per month. Around that time, the Plaintiff continued to operate its business at the instant store by paying a deposit of KRW 10 million to the Defendant.

G. As C dies on February 16, 2013, the Defendant completed the registration of ownership transfer on May 16, 2013 with respect to the instant store based on “an inheritance by consultation or division.”

H. The Plaintiff.

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