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(영문) 서울남부지방법원 2019.06.13 2018가단244932
공탁금출급청구권확인 등
Text

1. The Defendants are about KRW 49,830,021, which D deposited by Jeonju District Court No. 294 in 2018.

Reasons

1. Facts of recognition;

A. On May 15, 2012, Defendant B leased a building indicated in the separate sheet owned by Defendant B (hereinafter “E”) (hereinafter “instant real estate”) with a deposit of KRW 115.70,00,000 (hereinafter “the instant lease deposit”) at the south of 232.52 square meters at the retail store of the first floor and the second floor, which is located in the separate sheet owned by Defendant B (hereinafter “instant real estate”), as a deposit of KRW 100,000,000 (hereinafter “the instant lease deposit”), monthly rent of KRW 3,60,000, and lease period of KRW 24 months.

B. Meanwhile, on the other hand, on July 16, 2009, the registration of establishment of chonsegwon was completed in the name of 100 million won for the instant store and F for the establishment of chonsegwon, but on September 19, 2012, the registration of establishment of chonsegwon was completed in the name of Defendant C individual who was the representative director E on September 19, 2012.

(hereinafter referred to as “registration of creation of chonsegwon”). C.

E, around April 2015, entered into an acquisition contract for private equity bonds with the Plaintiff (the former trade name was “G Co., Ltd.”). On April 15, 2015, in order to secure the obligation therefrom, E entered into a contract for the transfer and acquisition of bonds with the content of transferring the claim for the refund of the lease deposit against the instant store to the Plaintiff (hereinafter “instant contract for the transfer and acquisition of bonds”) and notified Defendant B of the fact of the transfer and acquisition of bonds.

On March 2016, the Plaintiff, the Defendants, and the Plaintiff: (a) delivered the instant shop to Defendant B; (b) Defendant C paid the unpaid monthly rent of KRW 10,800,000 from Defendant B, the cost of removing the leased deposit to its original state; (c) KRW 5,830,00 (including value-added tax); (d) the cost of replacing fire glass damage; (d) the overdue charge of KRW 213,730; and (e) the cost of cancelling the agreement and the right to lease on a deposit; and (e) simultaneously paid KRW 82,656,270; and (e) the registration of the right to lease on a deposit of this case was revoked; and (e) Defendant B’s duty to return the said deposit to the Plaintiff is extinguished by paying the amount corresponding to the Plaintiff; and (e) Defendant C paid the said deposit amount of KRW 82,656,270 to the Plaintiff; and (e) the instant lease agreement; and (e) the instant case.

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