logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2020.07.10 2019가단108693
보증금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant C Co., Ltd (hereinafter “Defendant C”) leased the instant building G Dong (hereinafter “instant building”) to Defendant E. Defendant E, and Defendant E subleted part of the instant building No. 1 (hereinafter “instant store”) to H, and H operated a coffee shop at the instant store.

B. On September 2015, H transferred the right to rent the instant store to the Plaintiff KRW 40 million, etc. Around September 2015, Defendant E entered into a contract with the Plaintiff to sublease the instant store by setting the lease deposit amounting to KRW 10 million, monthly rent of KRW 180 million, and the period from September 30, 2015 to September 30, 2017 (hereinafter “instant first prior lending contract”).

C. Around October 28, 2015, Defendant E transferred the right to lease and the goods existing in the store of this case, and the office fixtures and fixtures for business purposes, etc. to Defendant B at premium of KRW 200 million.

Around November 1, 2015, Defendant B entered into a contract with the Plaintiff to sublease the instant store by setting the lease deposit of KRW 10 million, KRW 1.8 million per month, and the period from November 1, 2015 to October 30, 2017 (hereinafter “instant second lending contract”), and upon entering into a special agreement, Defendant B is liable and resolved when the fire-fighting inspection of the instant temporary building by 2017 arises.

E. On October 30, 2017, the 2nd lease contract of this case was explicitly renewed on or around October 30, 2017. (f) On March 12, 2019, the king: (a) voluntarily removed the part of 17.66 square meters illegally extended from the instant store to March 29, 2019 (hereinafter “illegal extension portion in the instant store”); (b) voluntarily removed the part of 17.6 square meters illegally extended from the instant store; (c) notified the disposal of the violation of the Building Act and issued a corrective order (hereinafter “the removal order”). On the same day, the 2nd lease contract of this case was registered on the aggregate building ledger on the instant store as the building.

(g)...

arrow