logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.10.18 2018나65611
임대차보증금
Text

The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant shall be the plaintiff.

Reasons

1. Basic facts

A. The plaintiff, K, and the defendant are children of J, and the plaintiff and K are the defendants.

B. From around 2003, the Plaintiff, as a licensed real estate agent, operated the real estate brokerage business under the name of the “E Licensed Real Estate Agent Office” by leasing the lease deposit amount of KRW 50,000,000,000. On May 2009, the Defendant acquired the qualification as a licensed real estate agent and operated the said real estate brokerage office under the name of the Defendant.

C. On August 1, 2012, the Defendant completed the registration of ownership transfer for the instant store on April 16, 2012.

Of the sales price of the instant store 380,000,000 won, 247,000,000 won was financed by the Defendant from the I bank.

Accordingly, on August 1, 2012, with respect to the instant store, the establishment registration was completed on the basis of the maximum debt amount of 296,400,000, which was the mortgagee of the right to collateral security as the I bank.

On the other hand, regarding the instant store as of May 14, 2015, the lease agreement (hereinafter “instant lease agreement”) was concluded between May 14, 2015 and May 13, 2017, with regard to the lessor, lessee, Plaintiff, lease deposit amounting to 150,000,000 won, and the lease period from May 14, 2015 to May 13, 2017.

In this case, the defendant's name is affixed with a seal imprint affixed in Korean.

E. After around 2009, the Defendant: (a) as the nominal owner and affiliated licensed real estate agent of a licensed real estate agent office operated by the Plaintiff, placed a seal registered as an employee engaging in brokerage in the above office; and (b) the Plaintiff used the above registered seal in the brokerage business.

The above registrar's name is the same as the defendant's name.

F. On May 18, 2015, the Plaintiff entered into a free lease agreement stating that the Plaintiff leased the instant store for two years from the Defendant on May 14, 2015 at the district tax office having jurisdiction over the business registration under the name of the Plaintiff’s place of business.

arrow