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(영문) 서울중앙지방법원 2018.12.06 2018가합527492
보증금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 16, 2013, the Defendant concluded a sales contract with a total of 391.39 square meters of three stores, such as the first floor D, E, and F, of the C building, in Jinju-si (hereinafter “instant three stores”) from G, a pharmacist, to purchase at KRW 2.8 billion, and completed the registration of ownership transfer in the name of the Defendant on February 3, 2014.

B. On December 16, 2013, the Defendant entered into a lease agreement with the Plaintiff on the lease term of 5 years from February 6, 2014 to February 5, 2019, the lease deposit amount of 50 million won, 19 million won for the first two years from the monthly rent, and 21 million won for the third year from the date of the lease (hereinafter “instant lease agreement”).

On the same day, the plaintiff and the defendant are "Contract for KRW 300 million" which states that the plaintiff pays KRW 300 million to the defendant as to the store of this case.

(3) On January 6, 2014, the Plaintiff paid KRW 300 million to the Defendant. On February 8, 2014, the Plaintiff paid KRW 500 million to the Defendant, and around that time, received delivery from the Defendant and operated the pharmacy. D. The Defendant entered into a sales contract with H on September 12, 2017, selling the three of the instant stores to H for KRW 3.45 billion, and on October 31, 2017, completed the registration of ownership transfer of the instant store to H on October 31, 2017; the Plaintiff entered the registration of ownership transfer between H and H on October 31, 2017, KRW 750 million, KRW 20 million, KRW 2000,000, KRW 5000, KRW 150,000, KRW 200, KRW 150,000, KRW 150, KRW 215,215, 2017.

2. The assertion and judgment

A. The plaintiff alleged that at the time when the plaintiff entered the store of this case to run the pharmacy, the defendant should receive 300 million won as a deposit additionally, and the plaintiff as the plaintiff.

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