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(영문) 서울고등법원 2017.04.28 2016나2064020
전대차보증금반환
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Facts of recognition

Attached Form

The lease relation of the real estate stated in the list (hereinafter referred to as the “instant commercial building”) is an aggregate building divided into a total of 137 stores and registered separately.

D. On June 8, 2007, G management body composed of the sectional owners of the instant commercial building and delegated with the authority to lease the instant commercial building and the instant commercial building, entered into a lease agreement with regard to the lease deposit amounting to KRW 150 million and KRW 36 months from the date of the delivery of the instant commercial building (hereinafter “instant lease agreement”), and received delivery of the instant commercial building on October 2, 2007.

D used the instant commercial building to Defendant C, who is a punishment father, and from January 2, 2008, the Defendant had operated Qux in the instant commercial building from January 2, 2008.

On October 25, 2013, Plaintiff A and the Defendant entered into a sub-lease contract with respect to the instant commercial building with respect to approximately KRW 192 square meters among the instant commercial buildings, which is KRW 21,22,23,24,57,58,59,60, and the part of subparagraph 61 of Article 61 of the Sub-lease deposit, KRW 13,000,000 per month of rent, KRW 250,000 per month of rent, and KRW 250,000 per month of rent, from October 25, 2013 to October 25, 2015 (hereinafter “the first sub-lease contract of this case”), and thereafter thereafter, Plaintiff A and the Defendant have operated the said building after paying KRW 130,000,000 to the Defendant.

Plaintiff

B On November 28, 2011, the Defendant and the instant commercial building, concluded a sub-lease contract with the amount of KRW 100 million for the sub-lease deposit, KRW 300,000 for the monthly rent, and the lease period for the sub-lease contract with the period from the contract date to July 30, 2012 (hereinafter “instant sub-lease contract,” and combined with the first sub-lease contract, referred to as “each sub-lease contract of this case”). At that time, the Defendant paid KRW 100,00 to the Defendant the deposit amount of KRW 100,000 for the sub-lease deposit, and operated the restaurant in the said building (hereinafter the contract term expires implicitly after the expiration of the contract term). The Plaintiff B paid the I around February 28, 2014.

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