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(영문) 서울중앙지방법원 2018.12.11 2018가단5108912
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Under basic facts, the following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the following points: Gap evidence 1, 2, 5, Gap evidence 1-3, Gap evidence 8, Eul evidence 10-1-3, Eul evidence 2-1-3, Eul evidence 16, 17, Eul evidence 24-1, 24-2, Eul evidence 28-32 and the whole purport of the pleadings.

The status of the parties and the conclusion of the instant lease agreement 1) The Defendant is the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On February 1, 2012, the Defendant leased to C the part of 211.57 square meters on the first floor of the instant real estate (hereinafter “instant store”) 65,00,000, monthly rent 2,966,000, and the lease term from February 1, 2012 to January 31, 2013.

Since that time, C operated a general restaurant with the trade name "D" at the store of this case.

The lease was finally renewed on March 1, 2013 and March 1, 2014, respectively.

3) On February 1, 2015, the Defendant again leased the lease deposit of KRW 65,00,000, monthly rent of KRW 3,856,00, and the lease term of KRW 3,856,00 from February 1, 2015 to January 31, 2016 (hereinafter “the lease of this case”).

(4) On February 1, 2016, the instant lease was implied renewed on February 1, 2016, and the Defendant sent to C a certificate of the purport that it would not extend the term of the instant lease on October 30, 2017, and C received the said certificate at that time.

On March 21, 2018, after the expiration of the lease term of this case, the Defendant deposited KRW 65,000,000 to be paid to C as Seoul Eastern District Court No. 901 in 2018 on the ground of the rejection to receive C’s payment.

5) On December 1, 2017, the Plaintiff: (a) agreed to jointly operate the instant store with E, which is a deceptive relationship between C and private money (C, the father of the Plaintiff-type) on December 1, 2017; (b) prepared a partnership agreement with Plaintiff 40%, C50%, and E 10% as an equity in the joint venture (hereinafter “instant agreement”).

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