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(영문) 서울중앙지방법원 2015.07.02 2015가합515832
차임등
Text

1.(a)

Defendant C’s 81,632,605 won to Plaintiff A and its related expenses from March 14, 2015

B. Defendant D shall be the Plaintiff B on 62,453.

Reasons

1. Facts of premise;

A. The Plaintiff’s status as the Dongdaemun Heavy Injury Market Reconstruction Project Association (hereinafter “In-depth Cooperative”) promoted a reconstruction project to newly build a commercial building (hereinafter “the instant commercial building”) on the ground of 773 large 4,144.3 square meters of the old Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul, where the land for the said market was located, under the name of 73 large 4,144.3 square meters of the land for the said commercial building. The company, which is a stock company, (hereinafter “in-house company”), entered into a comprehensive implementation contract with the Non-Party Cooperative to perform all duties related to the said reconstruction project, and the instant commercial building was completed on June 4, 2010.

As a member of the non-party partnership, the Plaintiffs are the owners of the non-party partnership, the Plaintiff A, and the Plaintiff B, respectively.

B. The Defendants concluded each lease agreement between the Defendants and the Nonparty Company, respectively, concluded a lease agreement between the Nonparty Company and the Nonparty Company, the enforcement agent of the Nonparty Company, on the right to lease of the divided stores in the instant commercial building.

According to each lease contract entered into by the Defendants, the buyer entered into a contract with the number of the floor and the Gu unit (3.9 square meters per unit) of the instant commercial building, and paid the sales price to the non-party company, who is the seller, except for the rental deposit and the rental deposit, but if the store becomes final and conclusive after drawing the specific location of the store, the buyer entered into a lease contract separate from the owner of the individual shop (a lessee) and pays monthly rent for the lease period (10 years after the opening of the store), and if the lease contract is terminated, only the lease deposit shall be returned from the lessor.

C. On July 22, 2010, Plaintiff A entered into each of the respective lease agreements between the Plaintiffs and the Defendants, with respect to the instant commercial buildings, KRW 39,024,00, and monthly rent of KRW 1,013,00 (excluding value-added tax).

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