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(영문) 서울중앙지방법원 2018.02.20 2016가단5268674
임대차보증금
Text

1. For the plaintiffs:

A. Defendant F shall pay money in proportion to KRW 1,700,000 per month from September 2, 2014 to October 18, 2014.

Reasons

1. Basic facts

A. From around 2002, Defendant F leased the instant store from H to operate the “I dental department”. On July 26, 2014, Defendant F concluded a contract for the transfer of the right to lease and the right to operate the instant store and the right to operate the instant dental business, cart, equipment, etc. to Defendant G for KRW 1.5 million.

The transfer price included KRW 30 million of the lease deposit of the instant store, and around that time, the rent of the instant store was KRW 1.7 million per month.

B. After that, the compulsory auction was conducted for the building of the instant store, and the Plaintiffs paid the proceeds of sale on September 2, 2014 and acquired the ownership thereof.

Accordingly, in order to enter into a lease agreement on the instant store, the Plaintiffs, the new owners, and the Defendant G, the transferee of the business, were to enter into the lease agreement with Defendant F on September 17, 2014.

C. However, the Plaintiffs, with the plan to reconstruct the entire building, expressed that even if a lease contract on the instant store was concluded, the building may be removed and removed after two years thereafter, Defendant G consented and agreed to give priority to Defendant G when concluding a lease contract on the same location of the new building.

Before this, Defendant G brought a lawsuit claiming the return of KRW 55 million for the transfer of business that had already been paid to Defendant F with the Plaintiffs on the ground that the adequate lease term is not guaranteed, by asserting the cancellation, etc. of the contract for the transfer of business with the Plaintiffs, and filing a lawsuit with the District Court 2014da40121.

Defendant F, on October 18, 2014, with all facilities necessary for the operation of dental services, such as sets and equipment, installed at the instant store and charged the security cards and keys to the “J” principal owner on the first floor of the same building, and notified the Defendant G of such fact and then delivered the instant store to the Defendant G, and then requested the Defendant G to pay the remainder of KRW 50 million for the transfer payment.

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