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(영문) 서울중앙지방법원 2018.07.04 2015가합571979
임대차보증금반환 등
Text

1. The part demanding the payment of KRW 20,052,300 among the claims for the return of the lease deposit of the instant lawsuit shall be dismissed.

2...

Reasons

. The above sub-sections and sub-sections were purchased, and the registration of ownership transfer was completed only on the sub-sections and sub-sections.

Since then, on October 11, 2013, the Defendant newly incorporated G Co., Ltd. (hereinafter “G”) through a company division. According to the division plan, G entered 3.655 square meters and (B) subordinate part of the unit portion as the list of property succeeded to by G, and the Defendant completed the registration of ownership transfer under the name of G on October 25, 2013 as to 3.655 square meters of the unit portion.

Meanwhile, between the Plaintiff and the Plaintiff on August 2, 2013, the Defendant entered into a real estate lease agreement with the Plaintiff on the condition that the Defendant, as the first floor H (part of the above part) of the instant commercial building, was not registered on the second basement of the instant commercial building, and that the Plaintiff leased real estate under the following conditions:

(hereinafter referred to as “the instant lease agreement,” and the part which is the leased object is referred to as “the leased object of this case,” HDFB* General special terms and conditions*

1. A lessor shall deliver a leased object to a lessee after paying the down payment;

2. Approval for use of the second underground floor shall be obtained by obtaining the approval for use from the lessee by making every effort to ensure that the lessor can finish the use within the earliest rapid time with the consent of the lessee;

3. A lessor shall lease a building to the present state where approval for or registration of the use of the second floor above the ground has not been completed, and a lessee shall use the building legally under the responsibilities of the lessee, and if any legal measure, such as the imposition of fines for negligence and charges for compelling compliance, exists from the competent public agency in connection with the use of the building, the problem shall be resolved

The lessor is to cooperate to the maximum extent possible in resolving the problem of the lessee.

(b)

7. The lessor shall permit the lessee to proceed with the construction work after paying the down payment; and

* Terms and Conditions of Special Agreement on the Facility Construction of Lessee*

1. The lessee shall be a neighborhood living facility;

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