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(영문) 광주지방법원 목포지원 2018.05.30 2017가단2821
임대차보증금반환 등
Text

1. The plaintiff's primary claims against the defendant B and C and the conjunctive claims against the defendant D are all dismissed.

2...

Reasons

1. Basic facts

A. The building lease relationship (previous lease) 1) the network E (Death on August 24, 2013, and hereinafter “the deceased”).

On December 31, 2009, between Non-Party F and Non-Party F, the entirety of the first and second floors of the above building (hereinafter “instant building”).

As to the lease term, from December 31, 2009 to December 30, 2012, the lease contract was concluded by setting the lease deposit amount of KRW 55,00,000, and KRW 2,500,000 each month as the tea. F around December 31, 2009, pursuant to the above lease contract, around December 31, 2009, the lease deposit amount of KRW 55,000,000 (hereinafter “the lease deposit in this case”).

(2) On January 1, 2011, when acquiring the above store from F, the Plaintiff entered into a lease contract with F to December 30, 201, setting the lease deposit amount of KRW 55,00,000 (hereinafter “previous lease”) and KRW 2,50,000 (hereinafter “previous lease”). At the time, the Plaintiff agreed to take over the above lease agreement between F and the Deceased, by setting the lease deposit amount of KRW 55,00,00.

3) On February 1, 2011, the Plaintiff was handed over the instant building and completed business registration with the trade name “H” on February 23, 2011, and thereafter, the Plaintiff and the Deceased entered into a new lease agreement by changing only the lease term on May 16, 201 to 60 months from February 1, 2011. The Plaintiff completed the registration of establishment of chonsegwon, which was from February 1, 201 to January 31, 201, on May 17, 2011, on the instant building.

B. Change in ownership of the instant building 1) Defendant D, the deceased’s children, on November 18, 2010, shall make a provisional registration of the right to claim transfer of ownership on the ground of a pre-sale agreement on November 18, 2010 (hereinafter “provisional registration of this case”).

(2) On May 20, 201, the Deceased was completed. (2) On May 20, 201, Defendant B, his spouse.

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