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(영문) 수원지방법원안산지원 2016.12.23 2015가단8513
임대차보증금반환 등
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. Attached underground among the buildings indicated in the attached real estate.

Reasons

1. From September 29, 2009, the Plaintiff operated the restaurant by leasing the first, second, second, first and second underground floors among the ground-based buildings in Guro-gu Seoul E-Ground (hereinafter “instant building”) from D from September 29, 2009. The Plaintiff and D changed the terms and conditions of the lease agreement on January 29, 2013, and set the lease deposit amount as KRW 100 million per month, and KRW 330,000 per month from November 29, 2013 to November 28, 2016.

The Plaintiff, with D’s consent on July 6, 2013, sub-leaseed the first underground floor of the instant building to F with F during the period from July 28, 2013 to July 27, 2015, with a deposit for sub-lease of KRW 10 million, monthly rent of KRW 80,000,000, and the re-lease of the instant building.

The Defendants purchased the instant building from D on August 13, 2014. On September 23, 2014, the Defendants leased the lease deposit of KRW 9.9 square meters from among the first floor, the second floor, and the second floor of the instant building to G on September 23, 2014, as KRW 50 million per month, and the lease period from October 1, 2014 to October 31, 2016. On September 29, 2014, the Defendants leased the lease deposit of KRW 15 million from the instant building to H, and the lease period from September 29, 2014 to September 28, 2016.

The Defendants completed the registration of ownership transfer in the name of the Defendants with respect to each of 1/2 shares of the instant building on September 30, 2014.

On October 2, 2014, Defendant B deposited KRW 100 million, which is the amount equivalent to the Plaintiff’s lease deposit (hereinafter “instant deposit”) with the Suwon District Court, No. 336, Ansan Branch of Suwon District Court in 2014.

At present, among the instant buildings, G 1st, 2nd, and 9.9 square meters among the two underground floors, among G 2nd and underground floors, H 1st and 9.9 square meters among the two underground floors, G 2nd and 79 square meters among the two underground floors (the part in paragraph (a) of this Article) among the two underground floors, are occupied by the Plaintiff, respectively.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 12, and Eul evidence Nos. 1 through 7 are numbers.

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