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(영문) 서울동부지방법원 2019.09.25 2017가단141040
임대차보증금
Text

1. As to KRW 134,813,80 and KRW 111,813,80 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 134,813,800 from September 19, 2017 to October 25, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs textile, clothing manufacturing and wholesale retail business. On April 25, 2005, the Plaintiff was a corporation that operated the instant lease contract and registration. On the other hand, the Plaintiff was registered with the Defendant on April 25, 2005, the Seoul Seongdong-gu Seoul, which was not registered with a provisional use approval at the time, is the commercial building of reinforced concrete structure (refinite), 351.03 square meters on the 2nd floor, 304.53 square meters on the 1st floor, 312.8 square meters (hereinafter “instant commercial building”).

(2) As seen earlier than 70% of the 2nd floor, D’s shares (F) and Defendant’s shares (G’s shares) refer to the sum (F) of D’s shares (F) and Defendant’s shares (G’s shares (163 = 163.1㎡ 69.59m2) constitute 70% of the total area of the 2nd floor (i.e., 163.91m2/233.5m2) (i.e., approximately 44m2 and Defendant’s shares). The lease deposit amount is KRW 200 million (hereinafter “lease deposit”).

(A) The term of lease is fixed after a lease contract was concluded between June 7, 2005 and June 6, 2007 (hereinafter “instant lease contract”).

) The above lease deposit was paid (the lease contract was not concluded again between the Plaintiff and the Defendant or D after the instant lease contract was concluded, and the instant lease contract was implicitly renewed.

A) At the time of the instant lease agreement, the second shopping mall of this case (hereinafter “instant shopping mall”).

(2) The Defendant’s mother’s mother was nominal in the name of D, a private village of E, and the lessor entered into the said lease agreement as “D’s agent Defendant.” As a special agreement, the lessor stated “this agreement as lessor D and the Defendant’s resident registration number, address, etc., and other personal information as the agent.” The confirmation statement on the object of brokerage stated as the owner’s resident registration number and the “B(Defendant’s common shares”)’s common shares as of May 4, 2005 between the Plaintiff’s former wife and H, the remainder of the instant commercial shares.

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