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(영문) 수원지방법원 성남지원 2017.02.15 2016가합201988
임대차보증금
Text

1. The Defendant’s KRW 7,224,615 as well as 5% per annum from January 14, 2017 to February 15, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a lease agreement between the Plaintiff and Daero Co., Ltd. 1) The Plaintiff on April 18, 2008 (hereinafter referred to as “ Daero Co., Ltd.”)

(C) the real estate listed in the separate sheet (hereinafter referred to as “instant building”)

() Of the five stories, 1,156.22 square meters, 6 stories 1,156.22 square meters, 7 stories 924.98 square meters (to be a floor and area on the register; 6 stories 1,391.31 square meters in lease agreement; 7 stories 1,391.31 square meters in 7 stories; 8 stories 1,050.69 square meters in total.

hereinafter referred to as “instant hospital”

320,000,000 won for lease deposit, 26,000,000 won for rent (including value-added tax), and the lease period shall be one year from the date following the date when the Plaintiff obtained approval for change in the use of the subject matter of this case from Busan City, but the lease period shall be at least five years (hereinafter “instant lease contract”).

(2) On August 27, 2008, the Plaintiff obtained the approval of the change of the purpose of the instant hospital from Bupyeong-si, and opened and operated a hospital with the trade name “B hospital” from around the 28th day of the same month.

B. On December 31, 2010, 201, he succeeded to the lease agreement between Daesung Co., Ltd., Ltd., sold the instant building to the Defendant (Seoul Co., Ltd.) on the condition that he succeeds to the instant lease agreement, and completed the registration of ownership transfer in the future of the same day.

C. On May 31, 2013, the sales contract between the Defendant and Multilater Holdings Co., Ltd. (hereinafter “Damsung”) sold the instant building to the Defendant, but the sales contract was concluded between the Defendant and Multilater Holdings Co., Ltd., to deduct KRW 320,00,000 from the balance of the sales price. The Defendant completed the registration of ownership transfer as to the instant building on October 31, 2013 on the ground that the said sales contract was multi-party.

The completion of the relevant lawsuit is one of the following days: (a) the delivery of the instant hospital against the Plaintiff and the date from November 1, 2013 to the completion of the delivery of the instant hospital.

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