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(영문) 부산지방법원 2015.06.04 2014가합4081
임대차보증금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. While Defendant C leased and operated F parking lot and parking lot facilities (hereinafter “instant parking lot”) located in the Dong-gu, Busan (hereinafter “instant parking lot”) from Defendant D Co., Ltd. (hereinafter “D”), which is the wife, Defendant C does not dispute on July 12, 2013 that the transferee of the instant parking lot is the Plaintiff’s husband G or both parties are the assignee of the right to lease of the instant parking lot.

A contract was concluded to transfer the lease right of the instant parking lot amounting to KRW 128,000,000 in total of KRW 50,000,000 for lease deposit and KRW 78,000 for premium, and KRW 3,500,000 for rent (hereinafter “instant lease transfer contract”).

B. On July 12, 2013, the Plaintiff appears to have seen the Defendants as seen earlier, and, in the case of a performance memorandum (No. 3) and an agreement angle (No. 4), etc., the Plaintiff was drafted in the name of Defendant C. However, both parties concerned are not asserting that the transferor of the instant parking lot is the Defendants, and thus, the Plaintiff is deemed to be “the Defendants” for convenience and convenience.

After paying KRW 10,000,000 as down payment, the Defendants and the premium were reduced to KRW 8,000,000, and thereafter agreed to change the total amount of lease deposit and premium to KRW 120,000,000,000, and thereafter, the remainder of KRW 110,000,000 on September 4, 2013 began to operate the instant parking lot after receiving delivery from the Defendants around that time.

C. On September 5, 2013, the Defendants prepared and issued a written performance statement to the Plaintiff, and on December 31, 2013, to the effect that a lease contract with the Plaintiff is concluded, but is not liable for the failure to enter into the lease contract due to the Plaintiff’s mistake. D.

On November 14, 2013, the Plaintiff and the Defendants: (a) returned to the Plaintiff a total of KRW 120,000,000,000,000 for lease deposit and premium; and (b) the Plaintiff drafted a written agreement to return the right of lease transferred from the Defendants to the Defendants again.

E. The Plaintiff on March 2014

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