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(영문) 서울고등법원 2017.11.02 2016나2085553
임대차보증금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

. The Plaintiff shall be paid directly from a third party the sum of KRW 450 million and KRW 50 million, which is the balance of the cancellation fee that C and C agreed to pay to the Plaintiff.

Article 2 (Transfer, etc. of Rights and Duties Related to Funeral Home Construction) (1) The rights and duties of the plaintiff in connection with the construction of funeral home shall be deemed to be transferred to C at the time of the conclusion of this contract.

B. 1) On March 19, 2015, the Defendant leased the instant building from C with the Defendant at KRW 2 billion (a contract deposit of KRW 1 billion, a balance of KRW 1 billion), monthly rent of KRW 10 million (However, the period of three months after commencement of operation is free, and there is any other increase agreement of KRW 5 million, and 10 years). On the same day, the Defendant issued a written confirmation printing the following contents to the Plaintiff (hereinafter “the instant written confirmation”). At the time, G, the president of the Plaintiff, stated “I consent to the said contents” * the margin of the instant written confirmation, affixed his official seal and C’s seal affixed thereon, and signed it.

Plaintiff Hahn on March 19, 2015, notice of intention related to the lease agreement of real estate owned by C

1. The purpose of this development is to contribute to the development of the building of this case, and it is related to the lease contract that the principal concludes with C to use the building of this case as a funeral hall.

2. I confirm that, as a lessee of an immovable property, he would pay the remainder of the lease deposit amount of KRW 1 billion to the lessor, the principal would directly pay the lessor KRW 450 million, which is part of the remainder of the lease deposit, with the consent of the lessor.

Finally, around that time, the Defendant paid C the down payment of KRW 1 billion under the above lease agreement, and C paid KRW 550 million among them to the Plaintiff. After which, around April 29, 2015, the Plaintiff filed a report on the closure of business registration of the D Hospital funeral hall in the name of the Plaintiff ( October 1, 2013) at the Defendant’s request.

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