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(영문) 서울동부지방법원 2014.10.28 2013가합103689
보증금반환
Text

1. As to Defendant B’s KRW 134,356,370, and KRW 6,855,970 among the Plaintiff, Defendant B’s KRW 134,356,370, and KRW 19,279,320.

Reasons

1. Basic facts

A. Defendant B’s building management 1) The Plaintiff is the 3rd and the 1st underground floor building in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”).

The building of this case is the owner of the building of this case. The building of this case consists of the 1st underground floor, 1, 2, 3, and 4 rooftop, and the 1st underground floor, 2, 3, and 4th underground floor is divided into the room or the store, and the 1st ground floor is divided into 5 square meters (2 square meters, subsequent 2 square meters, and next 1 square); Defendant B is the Plaintiff’s ticket, from around 1989 to September 25, 2012, the building of this case was directly entrusted by the Plaintiff for the management of the building of this case from the lessee, and was paid the rent from the lessee to the Plaintiff, and managed the building of this case by the method of paying it to the Plaintiff.

B. The lease relationship 1) The front one column among the first floor stores on the ground of the building of this case is originally leased by Defendant B from the Plaintiff (hereinafter “sub-lease stores of this case”).

The plaintiff asserts that the sub-lease of this case is not sub-leaseed to the non-party Eul, but that the non-party Eul transferred the right to lease of the sub-lease of this case to the non-party Eul. However, as seen below, the plaintiff's above assertion is difficult to accept as follows: although the non-party Eul agreed to provide the above premium of 50 million won, the plaintiff did not prepare the above premium of 1.2 million won from the non-party Eul as interest rate on the sub-lease of this case, it is difficult to accept the plaintiff's argument that the non-party Eul received 50 million won monthly premium of 1.2 million won of 1.2 million won of 1 million won of 1.5 million won of 5 million won of the re-lease of this case from the non-party Eul in installments of the above sub-lease of this case, but the plaintiff's assertion that the non-party's claim of 1,300 million won of 1 million won of the premium of this case was divided and repaid to the non-party Eul's sub-lease of this case.

In this case.

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