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(영문) 서울중앙지방법원 2017.11.30 2016가단5253276
임대차보증금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) B and D jointly share KRW 26,145,162, and their amount on August 13, 2016.

Reasons

1. Facts of recognition;

A. A. Around March 2016, the Plaintiff requested Defendant D to arrange commercial buildings for the operation of the glick and the retail store for the short-term loan.

Defendant D mediated the first floor of Jongno-gu Seoul E Commercial Building (hereinafter “instant commercial building”) in which Defendant C, the wife, was leased from Defendant B and operated as a drinking and musical retail store.

B. On April 12, 2016, the Plaintiff entered into a contract for the lease of Defendant B and the instant commercial building by setting the deposit amount of KRW 30 million from April 20, 201 to April 20, 2021, and KRW 2.5 million from rent, respectively.

(hereinafter “instant lease agreement”). On April 20, 2016, the Plaintiff paid a deposit of KRW 30 million to Defendant B, and was handed over the instant commercial building.

C. On April 12, 2016, the Plaintiff entered into a contract with Defendant C on the transfer of the right to the instant commercial buildings (type of business: retail music), and facilities at KRW 20 million.

(hereinafter “instant transfer contract”). On April 20, 2016, the Plaintiff paid KRW 20 million to Defendant C for the premium of KRW 20 million.

At the time of each of the instant contracts, Defendant D responded to the Plaintiff’s question that “I would have any problem in the operation of the instant commercial building and the Han-do Do Ga Do dong Do Do dong Do. I would like to answer the Plaintiff’s question that “I would have no problem. I would be a store operated by her own denial, and sold the musical Dog Dog Dog and

The Plaintiff notified Defendant B and C that he sought the instant commercial building in order to operate the Korea-do lending store.

E. On April 20, 2016, the Plaintiff started business after being handed over the instant commercial building, and the following day.

4. On 21. 21. The employees of Jongno-gu Office established the business of the Do, which started by surveying and glarging sod in front of the commercial building, controlled by the employees of Jongno-gu Office, such as setting up the sod and glarp advertising board.

The instant commercial building is located within the F district unit planning zone, and the retail store business is prohibited under public law.

The selling of solar is not a retail store but a culture-related office which can be operated as a type of business.

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