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(영문) 서울동부지방법원 2018.04.20 2016가단118524
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 8, 2014, C entered into a lease agreement between the Defendant and the Seoul Special Metropolitan City Gwangjin-gu Officetel No. 101 (hereinafter “instant store”) with a deposit of KRW 120 million, monthly rent of KRW 10 million, and the period from July 31, 2014, and established facilities for restaurant business after paying the deposit to the Defendant.

B. C transferred the lessee’s right under the said lease agreement (hereinafter “the instant lease”) to E, including the business facilities of the instant store, and the Defendant appears to have taken over the instant lease from E upon confirmation by C around February 12, 2015.

As to the store of this case, the above contents (However, the contract date is July 31, 2014, and some special agreements were added) were prepared, and the contract was actually prepared by the parties to the transfer and acquisition, and the contract was confirmed and affixed.

The same doctrine also applies to a lease agreement.

A receipt that received KRW 120 million was also drawn up and issued.

C. However, C took over the instant right of lease in the F’s name with the price of KRW 150 million via G, and transferred it to H via G, and H again testified to the effect that H would actually take over the instant right of lease in the F’s name with the price of KRW 150 million;

On July 23, 2015, under C’s confirmation on July 23, 2015, the Defendant: (a) as above, deposited and monthly rent for the instant store to H; and (b) formed a lease contract from July 30, 2015 to 24 months.

H On July 30, 2015, “I” with respect to the instant store was mutually registered as a business operator and reported its business. D.

After October 5, 2015, the Defendant: (a) as to the instant store, the deposit and monthly rent are the same as the above; and (b) the contract period from October 5, 2015 to July 31, 2016, was written by the Plaintiff.

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