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(영문) 창원지방법원 2020.09.17 2019나66016
권리금반환 등
Text

Plaintiff

The appeal by Defendant C is all dismissed.

Expenses incurred by the plaintiff's appeal shall be the appeal by the plaintiff and the defendant C.

Reasons

1. Facts of recognition;

A. Defendant B (formerly: E) is the owner of a building with a 35.85 square meters and a 55.05 square meters and a 1-story house, which has completed the registration of ownership preservation as to the said building, and is the owner of a building with a 1stm of 35.85 square meters and 5.05 square meters

The foregoing building is an illegal extension (7m2) and an illegal alteration of use (45m2) (hereinafter “violation of the Building Act”), and the Defendant B, around September 29, 2017, leased part of the building (hereinafter “instant commercial building”) to Defendant C with a deposit of KRW 10 million.

B. From October 22, 2017, Defendant C engaged in the real estate brokerage business under the trade name of “G real estate brokerage office” in the instant commercial building. On February 14, 2019, Defendant C entered into a contract with the Plaintiff seeking to engage in the cosmetic business by leasing the said commercial building and receiving KRW 14.5 million for the premium, and received KRW 1 million from the Plaintiff on the same day.

(hereinafter “The instant premium contract”). At the time of the instant premium contract, Defendant C decided to deliver to the Plaintiff the computer main body, chair, book, cooling, coffee, coffee, soften, and the table table in the instant commercial building.

C. On February 15, 2019, Defendant B entered into a lease contract with the Plaintiff for the commercial building of this case with a deposit of KRW 10 million, monthly rent of KRW 700,000,000 from March 1, 2019 to February 28, 2020.

(hereinafter “instant lease agreement”). D.

At the time of the instant lease agreement, the Plaintiff agreed to deposit KRW 10 million with Defendant B (one million won as a down payment at the time of the instant lease agreement) into the account of Defendant C, which is the lessee, before the lease agreement. Accordingly, on February 15, 2019, the Plaintiff paid KRW 1 million as the down payment of the instant lease agreement to Defendant C.

E. On February 18, 2019, the Plaintiff, in order to first perform the arche art business for cosmetic business, paid the remainder of the instant premium to Defendant C, KRW 13.5 million, the remainder of the instant lease deposit, and KRW 2.5 million in total.

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