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(영문) 서울서부지방법원 2019.08.16 2018가단16907
양수금
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 80,049,418 and KRW 77,748,946 among them, Defendant B from December 1, 2018.

Reasons

1. Facts of recognition;

A. On December 22, 2015, Nonparty D entered into a lease agreement (hereinafter “instant lease agreement”) with the owner of the land outside Seo-gu, Incheon and three parcels of land and its ground gas station buildings and other facilities (hereinafter collectively referred to as “instant gas station”). On December 22, 2015, Nonparty D, as the owner of the said gas station, changed the trade name to G on May 11, 2017, Co., Ltd. (hereinafter “Nonindicted Company”) to KRW 100 million for lease deposit, KRW 9 million for rent, KRW 9 million for rent, and the lease period from December 22, 2015 to November 15, 2019 (hereinafter “instant lease agreement”). Around that time, Nonparty Company received the said lease deposit (hereinafter “instant lease deposit”).

B. Around February 24, 2017, when a non-party company received petroleum products from the Plaintiff and operated a business, it transferred the claim for the refund of the lease deposit of this case (100 million won) to the Plaintiff as a security for the obligation to pay the purchase price of the goods, and upon delegation by the non-party company, the Plaintiff notified the lessor of the transfer of the credit of this case to D around March 16, 2017.

C. D dies thereafter, and the Defendants completed the registration of ownership transfer of the instant gas station due to testamentary gift on March 4, 2018, and succeeded to the lessor’s status under the instant lease agreement.

On May 6, 2018, with the consent of the Defendants, the non-party company transferred the status of lessee to H under the instant lease agreement. On the same day, the Defendants drafted a lease agreement to lease the instant gas station to H under the same conditions as the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Assertion and determination

A. If the lessor consented to the transfer of the above right of lease when the claim for the refund of the deposit for lease was transferred after provisional seizure or seizure upon judgment on the cause of the claim, the lease relationship between the lessor and the former lessee is terminated, and the former lessee is relieved from the lease relationship.

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