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(영문) 서울중앙지방법원 2017.06.15 2016가합505030
임차권확인
Text

1. Each of the lawsuits against the plaintiffs (Counterclaim defendants) and the plaintiffs W shall be dismissed.

2.(a)

Plaintiff (Counterclaim Defendant A).

Reasons

1. Basic facts

A. The Z reconstruction project association (hereinafter “instant association”) is an implementer who has promoted a new building project under the name of “YY” on the ground of 4,144.3 square meters on the land of the city X-gu Seoul, Jung-gu, Seoul, which had the land for the Dong-gu AA market and the AB market. In addition, an agent entrusted with the overall implementation of the construction project of the instant commercial building, including the sale business, by the instant association.

B. Around April 2008, the Plaintiffs entered into a contract under which the right to lease of the sectioned stores in the instant commercial building was purchased (hereinafter “each of the instant lease sales agreements”) with Integnb C.

According to each lease contract of this case, the buyer concludes a lease contract with specifying the number of the floor and the Gu unit (3.9 square meters on the basis of the exclusive use area of one unit) of the commercial building of this case, and pays the rent, but if the specific number of stores becomes final and conclusive through a lottery after the remainder payment, a lease contract is concluded between the owner of the relevant shop and the owner of the relevant building, and if a separate lease contract is concluded, the validity of the lease contract is invalidated.

C. Since then, the Plaintiffs entered into a lease agreement with the Defendants, the owners of the sectioned stores in the instant commercial building (hereinafter “each of the instant lease agreements”).

The parties and objects of each of the instant lease agreements are as follows.

Plaintiff A’s leased object (this case’s commercial building) Plaintiff A’s 2057 Plaintiff A’s 2057 Plaintiff G 5042, Plaintiff AV 5072, Plaintiff AV 5072, Plaintiff B, Defendant B, 515, Plaintiff JD 5 and 5158, Plaintiff JD 5 and 5163, Plaintiff CF 6029, Plaintiff CF 6029, Plaintiff CF 6112, Plaintiff D P 61111, Plaintiff B 6111, Nonparty 77091, Defendant B’s 6024, Defendant B2, Defendant R 6024, Defendant D 6024.

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