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(영문) 부산고등법원 2019.04.24 2018나53071
임대차보증금
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.

Reasons

Basic Facts

On July 16, 2015, the Plaintiff entered into a lease agreement with the name of “D” (hereinafter “instant restaurant”) to lease the first floor of the buildings located in E Co., Ltd. (hereinafter “E”) and E in Busan East-gu, Busan (hereinafter “instant restaurant building”) from among the buildings located in F, which are owned by the Plaintiff, with the terms of a lease deposit of KRW 20,000,000, monthly rent of KRW 180,000, and from August 20, 2015 to August 19, 2017 (hereinafter “instant lease agreement”). On the same day, the Plaintiff paid KRW 10,000,000, out of the lease deposit.

H, on August 13, 2015, with respect to the operation of the instant restaurant, concluded an investment agreement with the Plaintiff to “if H has completed business registration under the name of G in which H is an son and invests KRW 30,000,000,000, in return for the investment, the Plaintiff paid to G 300,000 won per month in return for the investment.”

On August 24, 2015, H completed business registration for the instant restaurant in accordance with the said Investment Agreement, and borrowed KRW 10,000,000 from YA on the 27th day of the same month, and borrowed KRW 10,000,000 from P Bank on the 31st day of the same month.

From August 2015, the Plaintiff performed the Rotterdam Construction, including the main facilities of the instant restaurant, from the mid-2015.

On July 30, 2015, the Plaintiff entered into a premium contract for the premium of this case (hereinafter “the premium contract of this case”) with the content that “K” (hereinafter “K”)’s facility from the second floor (hereinafter “instant main building”) among the buildings located in the Busan East-gu, Busan (hereinafter “instant main building”) was purchased at KRW 13,900,000 for the premium of this case, and paid KRW 3,900,000 for the premium of this case to I through an account in the name of N, the Plaintiff’s children on the same day.

The Plaintiff around that time concluded a lease contract on August 31, 2015 for L Co., Ltd. and the main building of this case, the owner of the instant main building.

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