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(영문) 광주지방법원 2016.12.22 2016가합52748
유익비
Text

1. The Defendants: (a) from April 6, 2016 to April 7, 2016, Defendant E with respect to Plaintiff C’s KRW 11,750,000, and Defendant F with respect thereto.

Reasons

Basic Facts

A. Ownership 1 of each real estate listed in the separate sheet 1) The Defendants are each real estate listed in the separate sheet 1 (hereinafter “each of the instant real estate”). When each of the instant real estate listed in the separate sheet 1 is individually named, the Defendants are “real estate 1” and “real estate 2”.

(2) On November 22, 2015, the Defendants sold each of the instant real estate to White tank Co., Ltd. on May 22, 2015, and completed the registration of ownership transfer on June 22, 2015.

B. On April 25, 2009, Plaintiff B leased the said real estate by setting the deposit amount of KRW 50,000,000, monthly rent of KRW 3,500,000 (value-added tax separate) and KRW 24 months from the Defendants, co-owners at the time, as to the real estate No. 1 on April 25, 2009. (2) Since then, Plaintiff B leased the said real estate by setting the deposit amount of KRW 50,000,000, monthly rent of KRW 3,000,000 (value-added tax separate), and the lease period of KRW 24 months from the Defendants, co-owners, as well as Plaintiff A, at the time, at June 30, 2010.

(hereinafter referred to as "first lease agreement": Provided, That for convenience, the Plaintiff A and B prepared two copies of the real estate lease agreement in which each deposit of KRW 25,000,000 and KRW 1,500,000 for monthly rent of KRW 1,50,000 (excluding value-added tax).

3) Plaintiff A and B operated a restaurant in the name of “G” on the real estate of Plaintiff A and B. On March 11, 2015, the Defendants terminated the first lease agreement on the ground that they were in arrears with approximately 10 months of rent. By June 15, 2015, the Defendants sent to the said Plaintiffs a certificate stating the declaration of intent, and around that time the said certificate was served on the said Plaintiffs. (c) The Plaintiff C operated a restaurant in the name of “G.” On August 29, 2009, with respect to the real estate of KRW 50,000,000 from the Defendants, co-owners at the time, as well as the lease period.

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