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(영문) 부산지방법원 2019.08.13 2017가단29091
임차보증금반환 등
Text

1. The Defendants jointly delivered real estate stated in the separate sheet from the Plaintiff to the Plaintiff at the same time, 34,822.

Reasons

1. Facts of recognition;

A. On July 12, 2015, the Plaintiff entered into a contract for the transfer and acquisition of rights by setting the premium amount of KRW 135 million with the lessee of the real estate listed in the attached Table (hereinafter “instant store”) as KRW 135 million.

B. On August 6, 2015, between I and I, the Plaintiff entered into a lease agreement with each of the following terms: (a) lease deposit amounting to KRW 40 million; (b) monthly renting to KRW 2.2 million; and (c) lease period from August 6, 2015 to August 5, 2017:

(hereinafter “instant lease agreement”). C.

B, Defendant C, and D purchased the instant store from I on September 6, 2016, and completed the registration of ownership transfer on December 15, 2016 by Defendant C’s 20/100 shares, and Defendant D’s 40/10 shares, respectively, with respect to the instant store on December 15, 2016.

The Plaintiff, at the instant store, operated the K (former trade name before the change: K) with the trade name, and requested the brokerage of the premium agreement and the lease agreement with respect to the instant store from January 2017 to the neighboring licensed real estate agent office.

E. On July 2017, the Plaintiff selected L as a new lessee and notified the Defendants of the termination of the lease agreement on July 11, 2017 and July 28, 2017, and requested L to enter into a lease agreement with L, a new lessee arranged by the Plaintiff, and provided L’s address and telephone number. However, as seen earlier by the Defendants, the Plaintiff was taking over the litigation procedures, but is referred to as the Defendants for convenience.

(hereinafter the same shall apply)

On August 14, 2017 and August 22, 2017, the Plaintiff: (a) delayed payment of the rent to the Plaintiff on August 14, 2017; and (b) the Defendants terminated a lease agreement with I before acquiring the ownership of the instant store; and (c) accordingly, the Plaintiff is prescribed in Article 10-4 of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “Commercial Building Lease Act”).

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