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서울중앙지방법원 2014.12.30 2013가단285109

1. The Defendant (Counterclaim Plaintiff) paid KRW 19,200,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from February 1, 2012 to March 20, 2013.


1. Determination on the main claim

A. The facts of recognition are as follows: Gap evidence Nos. 1, 3, and 4 (the defendant alleged that the part in Gap's certificate Nos. 1 (C. 1) stating the name and telephone number of Eul was not originally written in the multi-purpose management contract. However, since a lawsuit on legal relations between the plaintiff and the defendant is not asserted that the part written in the defendant's name was forged, this case does not interfere with recognizing the facts of concluding the multi-purpose management contract between the plaintiff and the defendant as evidence; the defendant's assertion is not false; 1, 2, 10, 11, 12, 13-1, 2, 14, 15, 16, 16, 1, 2, 3-1, 3-1, 6, 7-1, 8-1, 5, 9-1, 9-1, 2, 10, 12, 13-2, 14, 16, 12, 3-1, 2, and 3

1) On September 19, 2008, the Plaintiff and the Defendant owned approximately KRW 105 square meters among the 1st floor of the building of the 2 foot neighborhood living facilities owned by the Defendant, Jung-gu, Seoul (hereinafter “instant store”).

(2) As to the Plaintiff, the Plaintiff as the lessee, the Defendant as the lessor, and the multiple-bank operating agreement setting forth the deposit amount of KRW 50 million, monthly rent of KRW 2.9 million, and the two-year period of time as to the Plaintiff (hereinafter “instant agreement”).

(2) According to the instant contract, the Plaintiff paid a deposit of KRW 50 million to the Defendant, and began business in the instant store with the trade name of “Granc store,” and such business report and business registration were used as they were, in accordance with the agreement with the Defendant, as they were the Defendant’s business report and business registration under the name of “H”.

3) On June 2010, the Defendant donated 1/5 shares of the building to which the instant store belongs to five children, including the Intervenor, and completed the registration of ownership transfer to the said five persons. 4) The period of the instant contract expires.