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(영문) 서울서부지방법원 2017.09.26 2016가단250604
임대차보증금
Text

1. The Defendants jointly share KRW 47,536,620 to the Plaintiff, and Defendant B from March 29, 2017 to Defendant C.

Reasons

Facts of recognition

From August 2012, the Plaintiff entered into a lease agreement with E, a former owner, on F1 commercial and second-story housing (hereinafter “instant commercial and housing,” and collectively referred to as “instant real estate”), and resided while operating a restaurant.

On August 7, 2015, the Defendants purchased the instant real estate from E from the former owner of the said real estate, and assumed the lessor status of the said lease agreement concluded between the Plaintiff and E, and subsequently concluded the lease agreement (hereinafter collectively referred to as “the instant lease agreement”) on November 10, 2015 as follows.

The remainder of the lease contract with the existing lessor shall be valid due to the acquisition of the lease from November 10, 2015 to August 17, 2016, the lease term of the first floor of the leased object, the lease deposit of KRW 30 million, the monthly rent of KRW 1 million, the lease term of the previous lessor. The remainder of the lease contract with the previous lessor shall be valid due to the acquisition of the lease from November 10, 2015 to August 17, 2016, the lease term of KRW 500,000,000 for the second floor of the leased object, the lease deposit of KRW 20,000,000,000 for the monthly rent, the lease term of the previous lessor from November 10, 2015 to August 17, 2016, the special agreement shall be valid due to the acquisition of the lease. After the expiration of the lease contract of this case, the lease of this case shall be terminated

Accordingly, the Plaintiff removed the article from the Republic of Korea on September 13, 2016. However, the disputes arising between the parties as to the same day and the closure report of restaurant business, and the Plaintiff did not return the instant real estate key to the Defendants thereafter, and the Defendants did not refund the lease deposit.

On November 2016, the Plaintiff completed the registration of the right to lease a commercial building and the registration of the right to lease a house with respect to the instant real estate, and filed a report on closure of business on December of the same year, and on March 10, 2017, the Defendants deposited the key to the instant real estate as the depositee.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 8 (including each number; hereinafter the same shall apply) and the purport of whole pleadings.

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