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(영문) 서울남부지방법원 2017.10.19 2017가단209949
보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,564,675 to the Plaintiff (Counterclaim Defendant) and its related amount from February 16, 2017 to October 19, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 17, 2015, the Plaintiff entered into a lease contract with the Defendant, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,800,000, and the lease term from November 23, 2015 to November 22, 2017, respectively, with respect to the size of 101,00,000 square meters of the Gangseo-gu Seoul Metropolitan Government Cbuilding owned by the Defendant (hereinafter “instant store”). According to the terms and conditions of the instant lease agreement, the Plaintiff agreed to lease the instant facilities as the present facilities after confirming on-site inspection, and the management fee of KRW 50,00 is separately paid, and the water meters is to be installed under the lessor’s permission.

B. On November 10, 2015, the Plaintiff entered into a franchise agreement with D Co., Ltd. and operated a franchise store with the trade name “E” at the instant store.

C. After November 12, 2016, the Defendant sold C building including the instant store to F and G for KRW 2,550,000,000, and decided to succeed to the existing lease relationship including the instant lease agreement. On February 20, 2017, the ownership transfer registration was completed for F and G each 1/2 shares with respect to the instant store, etc.

However, on January 13, 2017, the Gangseo-gu Seoul Metropolitan Government Office issued the first corrective order to voluntarily remove a non-compliant building with the content that the part of 16 square meters, which is part of the main room of the instant store, is discovered as an illegal building illegally extended to an assembly-type panel. On the same day, the office issued the first corrective order to notify the Defendant that if not voluntarily removed by February 16, 2017, it would be subject to an administrative disposition, such as the imposition

E. On January 26, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds that “the removal of the illegally extended part would substantially make it impossible to operate a restaurant business, and collapse in the illegally extended part of the ceiling, and the Defendant sold the entire building of the instant store to a third party to make it difficult to solve the problem.” On February 15, 2017, the Plaintiff removed the instant store from the instant store.

E. On the other hand, F is June 2017.

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