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(영문) 서울중앙지방법원 2016.06.09 2015나9843
보증금
Text

1. Of the judgment of the court of first instance, 14,812,325 won against each of the Defendants (appointed parties) and 51,843.

Reasons

1. Basic facts

A. Sale of the instant building by the Plaintiff (Appointed Party) (Appointed Party; hereinafter “Plaintiff A”)

Around April 1999, the building of the first and the sixth floor above ground (hereinafter “instant building”) on the ground of the Seocho-gu Seoul Metropolitan Government F ground.

2) On September 7, 2006, Plaintiff A, along with Nonparty E, operated a private teaching institute on the first floor or fourth floor of the instant building. On September 7, 2006, Plaintiff A sold all of the instant building and its facilities to G and completed the registration of ownership transfer on October 20, 206.

B. On October 206, 2006, Plaintiff A entered into a lease agreement with G to set the deposit amount of KRW 200 million, monthly rent of KRW 400,000,000, from October 2006 to February 19, 2009, the deposit amount of KRW 30,400,000,000 among the instant building was KRW 20,000,000,000, monthly rent of KRW 4,000,000,000,000 from October 20, 2006 to February 19, 2009.

C. The Defendants purchased the instant building from G on August 9, 2007 and completed the registration of ownership transfer on September 19, 2007 (shares: shares: Defendant B7/10, Defendant C2/10, Defendant D1/10). At the same time, the Defendants acquired the ownership of the instant building and succeeded to the lessor’s status on the first floor and fourth floor of the instant building.

Of the instant building of this case, Plaintiff 1 and Plaintiff 1 and the fourth floor lessee E have renewed the above lease agreement with the Defendants, and continued to operate a private teaching institute on the first floor or fourth floor of the instant building with the Selection Party E, and the Selection Party E agreed to lease the first floor or fourth floor of the instant building with the Defendants around February 20, 201, by setting the deposit amount of KRW 260 million, monthly rent of KRW 810,000,000, monthly rent of KRW 810,000, and the term of lease from February 20, 201 to February 19, 2012.

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