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(영문) 서울중앙지방법원 2015.10.29 2014가합53962
임대차보증금반환등
Text

1. The plaintiff (Appointeds) shall dismiss the lawsuit against the Korean Federation of Arts and Culture Organizations, which is an incorporated association of the plaintiffs (Appointeds);

2...

Reasons

1. Basic facts

A. The Korean Federation of Arts and Culture Organizations (hereinafter “Korea Federation of Arts and Culture Organizations”) incorporated by Defendant, the Korean Federation of Arts and Culture Organizations (hereinafter “Korea Federation of Arts and Culture Organizations”) and Defendant CKdong Co., Ltd.

(1) On November 17, 2010, between CK Group and Defendant Korean Association of Arts and Culture (hereinafter “instant building”) is the 11th to 19th floor among B buildings owned by Yangcheon-gu Seoul National Federation of Arts and Culture Organizations (hereinafter “instant building”).

(2) On April 18, 2012, Defendant CKdong Co., Ltd. (hereinafter “CKdong”) succeeded to the lessee status of the said lease agreement from CK Group on the following grounds: “10 years from the date of completion of the instant building; 10 billion won as lease deposit (2 billion won as of the date of conclusion of the contract; 8 billion won as of the date of commencement of the lease)” and “10 billion won as of the date of commencement of the lease.”

In addition, the Korean Federation of Arts and Culture Organizations agreed to sublease the instant building to a third party on the same day.

3) After paying two billion won out of the above lease deposit to the Federation of the Korean Association of Arts and Culture Organizations, on October 4, 2012, Defendant CCK changed the above lease agreement between Defendant Korea Federation of Arts and Culture Organizations to pay five billion won and the remaining five billion won at the interest rate of eight percent per annum. Defendant CCK entered into a special agreement with the Korean Federation of Arts and Culture Organizations of Arts and Culture Organizations of Korea on the said lease agreement at the rate of eight percent per annum. Defendant CCK paid two billion won out of the above deposit amount to the Korean Federation of Arts and Culture Organizations of Korea after deducting two billion won from the sum of two billion won and the 2.5 billion won (2.5 billion won after deducting the sum of the 5 billion won deposit from the aggregate of two billion won and the 4.13 billion won of the options. At the same time, Defendant CCK entered into a special agreement with the Korean Federation of Arts and Culture Organizations of Korea on the said lease agreement at the rate of eight billion won per annum.

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