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(영문) 수원지방법원 2018.04.17 2017가단542396
보증금반환
Text

1. The Defendants jointly share KRW 70,000,000 with respect to the Plaintiff and 5% per annum from November 29, 2017 to April 17, 2018.

Reasons

1. Basic facts

A. The Defendants were owners of the first floor F No. 103 (hereinafter “instant commercial building”) of the parcel No. 103 (hereinafter “instant commercial building”).

B. On April 11, 2014, the Plaintiff entered into a lease agreement with the Defendants and the instant commercial buildings with the term of KRW 100 million, monthly rent of KRW 3 million, and the term of lease from April 11, 2014 to April 10, 2016.

On March 31, 2016, when the period of the first lease expires, the Plaintiff and the Defendants entered into a lease agreement on the instant commercial building with the deposit of KRW 70 million, monthly rent of KRW 31 million (excluding value-added tax), and the term of the lease from April 11, 2016 to April 10, 2019.

C. However, on June 6, 2017, the Defendants concluded a sales contract with Nonparty G on the instant commercial building during the said secondary lease period (the remaining payment date shall be September 13, 2017, and the delivery and the registration of transfer on the remainder payment date shall be completed), and on the grounds thereof, the instant commercial building was completed in the name of Nonparty G on September 13, 2017.

On September 6, 2017, prior to the completion of the registration of ownership transfer, the Plaintiff sent the following content-certified mail to the Defendants, and this content-certified mail sent to the Defendants’ friendship on the following day:

(A) The defendants have reached the same place as the address of the defendants of this case). "Recently, you unilaterally notified the truster (the plaintiff) that H pharmacy shop (the commercial building of this case) was sold. Under the circumstances where the lessee wishes to terminate the lease contract, selling the leased object may cause complex disputes between the buyer and the lessee in the future. The delegating has no intention to conclude the lease contract with the truster before the completion of the registration of ownership transfer to the buyer. The delegating will terminate the lease contract with the truster before the completion of the registration of ownership transfer to the buyer, and request the principal time by returning the lease deposit."

E. The above content certification.

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