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(영문) 서울중앙지방법원 2012.01.13 2011가단78550
임대차보증금반환
Text

1. The Defendant shall pay KRW 100 million to the Plaintiff, as well as 5% per annum from April 1, 2006 to March 17, 201, and from the next day.

Reasons

1. The fact of recognition that the Plaintiff: (a) on August 14, 2004, leased the second floor window (hereinafter “instant building”) of the six-story building constructed on the ground to E, F, G, and H (hereinafter “the instant building”) and paid the full amount of the lease deposit (hereinafter “the instant lease contract”); (b) on November 4, 2004, the Plaintiff was registered as a business operator around 2004 at the competent tax office, which operated the “I,” and completed business registration around November 2004, when operating the “I,” and (c) completed business registration at the competent tax office on December 4, 2004.

On August 23, 2004, the Inspion World Co., Ltd. (hereinafter referred to as the “Inspion World”) completed the registration of preservation of ownership on the instant building, and has been managing shop occupants by providing the remainder after deducting fees and management expenses from the sales of shop occupants in the instant building, including the instant store, to the shop owners.

After June 28, 2005, the Insect entered into a trust contract with the Defendant (hereinafter “instant trust contract”) and completed the registration of ownership transfer for the instant building based on trust to the Defendant on the same day.

On March 2006, the Plaintiff delivered the instant store to the SP World.

[Evidence] Facts without dispute, entry of Gap 1 to 7 evidence (including branch numbers), the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, SP World, which was the owner of the building of this case, ratified the instant lease agreement concluded between E and the landowner by managing the store of this case under the instant lease agreement.

In addition, the defendant, who has the ownership of the building of this case transferred under the trust and has the right to manage it inside and outside of the country, has completed the registration of the business and completed the registration of the ownership transfer.

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