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Reasons
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(영문) 울산지방법원 2018.11.30 2018가단15160
임차인지위 등 확인
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1. The Plaintiff (Counterclaim Defendant) paid KRW 17,800,000 to the Defendant (Counterclaim Plaintiff) and the amount from November 28, 2017 to August 31, 2018.

Reasons

1. Facts of recognition;

A. Defendant B leased a security deposit of KRW 10 million from D around June 2012, and KRW 930,000,000 in monthly rent. Defendant C purchased the said real estate on November 18, 2016 and succeeded to the lessor’s status under the said lease agreement.

B. Defendant B entrusted the operation of the cosmetic of this case to G, and received KRW 2 million monthly payment from G, and used KRW 1 million among them as monthly rent and management expenses, etc.

C. Of that, G presented to the Plaintiff the terms and conditions of acceptance as the instrument that exceeded the right to operate the cosmetic of this case, “to pay KRW 2 million per month to Defendant B with monthly rent and management expenses, earnings, and premium of KRW 30 million within one year,” and also obtained consent from Defendant B.

G received monthly transfer of KRW 2 million from the Plaintiff to July 8, 2015 in accordance with the above acquisition terms and conditions, and remitted total of KRW 63,015,000 to Defendant B, and thereafter, he/she used KRW 24.5 million transferred from the Plaintiff to September 30, 2016 for personal use without remitting to Defendant B.

E. On November 27, 2016, the Plaintiff and Defendant B concluded a contract under which the Plaintiff will succeed to the lease agreement on the beauty art room of this case, and the Plaintiff shall be paid KRW 17 million, deposit for lease, KRW 10 million, and annual interest rate of KRW 10,000,000 per annum and KRW 10,000 per annum until November 2017 (hereinafter “instant lease transfer agreement”).

F. The Plaintiff paid a total of KRW 9.2 million to the Defendant from December 27, 2017 to June 2018.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 2, 6, 8 through 15, and the purport of the whole pleadings

2. We examine the principal lawsuit and the counterclaim together.

A. The Plaintiff’s assertion 1 by the parties is based on the instant lease transfer agreement.

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