logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.06.30 2015가단35870
임대차보증금반환 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. On September 25, 2012, a new urban living house (131 households) with the second underground and nine floors above the ground level in Suwon-si, Suwon-si (hereinafter “instant urban living house”) (hereinafter “instant urban living house”) was newly constructed around September 25, 2012.

On October 9, 2012, the non-party company entered into a trust contract with the Asian Trust Co., Ltd. (hereinafter referred to as the “ Asian Trust”) for the instant urban residential housing and completed the registration of ownership transfer on October 15, 2012.

According to the trust contract, the business of the lease of urban residential housing in this case continues to be performed by the non-party company, and the non-party company shall not reduce its value by means of the creation of rights, such as lease, etc., or modification of the current state of the urban residential housing in this case, if there is no prior consent from the Asian trust.

B. On February 24, 2014, the Plaintiff, a licensed real estate agent, leased 201 of the instant urban living housing (hereinafter “instant store”) between the non-party company and the broker of Defendant B, by setting the lease deposit of KRW 20 million and the lease deposit from March 17, 2014 to March 16, 2015, and around that time, paid the said lease deposit to the non-party company.

At the time, Defendant B explained to the Plaintiff that the instant store was a real estate trusted to Asia, and stated that the special terms of the lease agreement entered into at the time, stating that “the consent of the Asian trust is obtained after the preparation of the contract.”

However, the plaintiff or the non-party company did not obtain the consent of the Asian trust regarding the above lease contract after the contract was drawn up.

C. Pursuant to the above lease agreement, the Plaintiff was conducting soup sale, etc. at the store of this case, and the procedure of public auction on the instant urban residential housing.

arrow