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(영문) 부산지방법원동부지원 2019.02.15 2017가단217610
임대차보증금
Text

1. Defendant C and D shall be from June 12, 2018 to E Co., Ltd., an independent party intervenor, and the amount of KRW 58 million.

Reasons

1. Basic facts

A. Defendant B completed the registration of initial ownership on March 2, 201, as the owner of the fourth underground floor building on the ground level F in Busan-gun (hereinafter “instant building”).

B. Construction work of the instant building was conducted by Defendant B with the delegation from Defendant B. After completion, G entered into a lease agreement with Defendant B and the lease deposit amounting to KRW 100,000,000 for the use of the 1st floor of the instant building on July 2010 and instead, G paid KRW 60,000,000 among them as appropriated for the construction cost.

C. G was a pharmacist who operated a pharmacy in addition to the instant building.

On March 28, 2012, Defendant B and G, etc. established H with the business purpose of the health products wholesale and retail business, and G made a contribution in kind to H around 2012 with the repayment claim of the lease deposit against Defendant B.

Defendant B received KRW 3 million from G to December 2012, and KRW 4 million from G, and KRW 1 million from H to the dispute resolution committee. Defendant B was paid KRW 2 million from G by reducing from October 2013 to KRW 2 million and KRW 1 million from G.

E. On February 29, 2016, Defendant B, while selling the instant building to Defendant C and D, issued a lease contract between Defendant B and H on October 5, 2015 with respect to the first floor of the instant building (rental deposit KRW 100 million and monthly rent KRW 300,000) and the Plaintiff’s sub-lease contract with the same date as that of the Plaintiff.

F. The LAB shall receive KRW 2 million from G for three months from March 2016 and pay the monthly rent of KRW 3 million to Defendant C and D. However, a dispute arises between G and the Plaintiff, and G shall not pay monthly rent of KRW 3 million with the funds of H in the LAB for a period of three months, which would not pay monthly rent.

From September 2016, payment was suspended.

G. Defendant C and D filed a lawsuit against the Plaintiff and H, including a building name map, etc. with the Busan District Court 2016Kadan19147, but withdrawn the lawsuit against the Plaintiff.

and from such courts.

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