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(영문) 서울중앙지방법원 2018.08.14 2017나89805
임대차보증금
Text

1.The judgment of the first instance shall be modified as follows:

The Plaintiff (Counterclaim Defendant), 1), the Defendant (Counterclaim Plaintiff B and Defendant).

Reasons

1. Facts of recognition;

A. On March 2016, the Plaintiff was aware of a commercial building to operate the Han-do lending store and then requested Defendant D, who has a regular position in the “H real estate” office located in Jongno-gu Seoul Metropolitan Government Jongno-gu G, to mediate.

B. Defendant D introduced the real estate indicated in the attached Form (hereinafter “instant commercial building”) in which Defendant C, the wife of which, Defendant C leased from Defendant B, operated a mutually malicious retail store of “I” (hereinafter “instant commercial building”).

C. On April 12, 2016, the Plaintiff entered into a real estate lease agreement with Defendant B and the instant commercial building by setting the lease term from April 20, 2016 to April 20, 2021, with the deposit amount of KRW 30 million, and the rent of KRW 2.5 million per month (excluding surtax).

(hereinafter “instant lease agreement”). D.

In addition, on the same day as the above lease agreement, the Plaintiff entered into a contract for the transfer of the right (facilities) to the entire facilities and the collection of the commercial buildings of this case from Defendant C at the premium of KRW 20 million.

(hereinafter “instant transfer contract”). E.

On April 20, 2016, the Plaintiff: (a) paid to Defendant B a deposit of KRW 30 million; and (b) paid to Defendant C a premium of KRW 20 million; and (c) started business upon delivery of the instant commercial building; (b) the following day.

4. On 21. 21. Around the above commercial building, he was under the control while carrying on the business by checking the solar.

F. The instant commercial building is located within the F District Unit Planning Zone and can be used only for the specific purposes pursuant to Article 9 of the “Detailed Guidelines for District Unit Plans by the Private Sector.” The detailed purposes of the instant commercial building are “cultural-related offices” and other retail stores, such as sales and Korean uniform lending stores, are prohibited under public law.

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