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(영문) 서울중앙지방법원 2018.12.14 2018가합534537
보증금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 26, 2016, Plaintiff A entered into a lease agreement between D (hereinafter “D”) with regard to each real estate listed in paragraph (1) of the attached Table No. 1, which is owned by D, with the term of lease from June 1, 2016 to May 31, 2021, with the term of lease of KRW 350 million, monthly rent of KRW 2035 million, and around that time, Plaintiff A paid KRW 350 million to D the lease deposit.

B. Around February 26, 2016, Plaintiff B (hereinafter “Plaintiff B”) entered into a lease agreement with D on the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building” along with the real estate listed in paragraph (1) of the attached Table No. 1), which is owned by D, with D, with the term of lease from June 1, 2016 to May 31, 2021, the lease deposit amount of KRW 100 million, and the monthly rent of KRW 6 million (hereinafter “each of the instant lease agreements”), and thereafter, the lease deposit amount of KRW 100 million was paid to D.

On the other hand, the details related to each of the instant lease agreements are as follows.

Article 4 (Effect, Termination, and Early Cancellation of Contracts)

2. This Agreement shall terminate when the lease term expires or when the contract is terminated or terminated in accordance with each provision of this Agreement.

Article 6 (Termination of Lease Contracts)

1. The contract shall not be canceled before the expiration of the term of the lease contract under the provisions of paragraph 3 of Article 1 of this Agreement, or shall not be terminated without any justifiable reason;

C. D borrowed 48 billion won from E Co., Ltd. (hereinafter “E”), on December 22, 2016, in order for E to manage or dispose of the instant building (including its registration name), including ownership management, or to guarantee the performance of obligations or responsibilities owed by D, a truster and debtor, between E and E, E to preserve and manage the instant building, etc., and entered into a real estate trust agreement with the purport of real estate realization and settlement in certain cases, including D’s nonperformance of obligations.

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