(영문) 서울중앙지방법원 2017.02.16 2015가단5353315

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(영문) 서울중앙지방법원 2017.02.16 2015가단5353315

임대차보증금

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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 45,903,071 as well as the full payment from January 20, 2016.

Reasons

1. Facts of recognition;

A. The Defendant’s position (1) C&A (hereinafter “SA”) promoted a reconstruction project that newly constructs a commercial building in the name of “G” (hereinafter “instant commercial building”) on the land of the FF large 4,144.3 square meters in Seoul, Jung-gu, Seoul, where the land for the Gu D market and E market was located, and the urgnb Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) entered into a comprehensive implementation contract with the Non-Party Cooperative to perform all duties related to the said reconstruction project, and the instant commercial building was completed on June 4, 2010.

(2) As a member of the non-party partnership, the Defendant is a co-owner who owns 1128/1326 shares of the 7th floor H of the instant commercial building (hereinafter “instant store”).

B. According to the agreement for the sale of housing units between the plaintiff and the non-party company (1) under the agreement for the sale of housing units between the non-party union, the non-party union members and the non-party company, the non-party union members and the non-party company, (1) mutually among the members, (2) the non-party union shall pay the shares to the association, and (3) the non-party company shall agree to lease the object of housing units to the non-party company, which is the execution agent, and (3) the non-party company shall dispose of the above right of lease and bear the rights and duties to appropriate the share of the association members and the expenses for the reconstruction of the commercial buildings

(2) In accordance with the above partner parcelling-out contract, the non-party company entered into a lease contract between the plaintiff and the non-party company on April 1, 2008, which is a transfer contract for the right to lease of 7th floor of the commercial building of this case (hereinafter “the lease contract of this case”).

According to the instant lease contract, the Plaintiff entered into a contract with the 7th floor unit of the instant commercial building (3.9m2 as of the exclusive use area) and entered into such contract with the Nonparty Company as the seller.

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