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Reasons
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(영문) 대구지방법원김천지원 2014.06.25 2013가단9402
임대보증금 등 반환
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1. The Plaintiff:

A. As from September 5, 2013, Defendant C: 15,000,000 won and its related thereto:

B. Defendant D shall be KRW 10,000,000; and

Reasons

1. Basic facts

A. On July 22, 2011, the Plaintiff agreed from Defendant B to pay KRW 134.45 square meters for a general restaurant of 134.45 square meters (hereinafter “instant commercial building”) among the buildings mobile to the land in Kimcheon-si, Kimcheon-si (hereinafter “instant lease deposit”), KRW 10,000,000 for rent, KRW 60,000 for rent, and the lease period from August 1, 201 to August 1, 2013 (hereinafter “instant lease agreement”). The Plaintiff agreed to pay KRW 15,00,000 for the acquisition of restaurant equipment owned by the Defendant B (hereinafter “instant premium”). The matters related to the instant premium agreement (hereinafter “instant special agreement”) are as follows.

On the other hand, around August 1, 2011, the Plaintiff paid to Defendant B the instant lease deposit of KRW 10 million and KRW 15 million for the instant premium.

[Contents of adding premium to matters under special agreement]

1. If a lessor changes the purpose of use without the lessee’s consent or unilaterally terminates a contract, it is recognized as premium of KRW 15 million;

2. When a lessor purchases or sells a building before the term of a contract with a lessee, he/she may guarantee the new owner of the building the lessee's premium of KRW 15 million.

3. After the expiration of the fixed-term contract between the lessee and the lessee, the lessee shall not claim to the lessee for the premium of KRW 15 million.

Provided, That where the present lessee selects a new lessee, the premium shall be given and received between the lessee without relation to the lessee.

4. No claim shall be made to the lessee for a premium of KRW 15 million when the lessee terminates the contract without relation to the contractual date due to the lessor’s personal circumstances.

5. In entering into a contract with a new lessee selected by the lessee, premium shall be collected from the present lessee by mutual saving up to KRW 15 million.

B. around October 5, 2012, Defendant B sold the instant commercial building to Defendant C, and Defendant B as to the instant commercial building around November 7, 2012.

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