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(영문) 서울북부지방법원 2014.01.14 2013가단4408
상가임대차보증금 등
Text

1. Defendant E shall pay 5,58,000 won to the Plaintiff and 20% per annum from March 20, 2013 to the day of full payment.

Reasons

1. Basic facts

A. Defendant B is the buyer of the building on the ground level G (hereinafter “instant building”) of Dongdaemun-gu Seoul, Dongdaemun-gu and one parcel above, and Defendant C is the buyer of the building on the ground level No. 27, Defendant C, Defendant D, and Defendant E, respectively.

B. Defendant B, C, and D were unable to complete the registration of ownership transfer for each of the above sales stores, and the auction procedure was initiated upon the application for voluntary auction by the new bank due to overdue interest on intermediate payment loans and arrears. Defendant B’s subparagraph 27 of Article 208 and Defendant C’s subparagraph 40 of Article 32 of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree of the Enforcement Decree

C. Defendant E completed the registration of ownership transfer on October 15, 2004 with respect to subparagraphs 122 and 123, and thereafter, the auction procedure was initiated upon the application for voluntary auction by the new bank, a stock company, and the Plaintiff was absent from each of the above stores on July 8, 2009.

On July 8, 2005, the Plaintiff entered into a lease agreement with G Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) that represented the buyers of the 63 stores underground floor (including the stores sold by the Defendant) of the instant building by setting the lease deposit of KRW 315 million (including KRW 5 million per each store), monthly rent of KRW 21 million (including management expenses, such as electric charges and water charges), and the lease term of KRW 36 months.

(hereinafter “instant lease agreement”). E.

The plaintiff paid lease deposit to the non-party company, and paid the monthly rent to the management body of the building of this case that was formed after the conclusion of the above lease contract, and operated the Hart at the above store.

[Ground of Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, Eul evidence No. 2, witness I, and the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion Defendants are the buyers of the instant building, and are the Nonparty Company with the authority to conclude and manage a lease agreement on the instant building.

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