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(영문) 전주지방법원 2017.09.22 2016가단32195
전대보증금 등
Text

1. The defendant takes precedence over the point of 5, 6, 7, 8, and 5 of the annexed drawings among the real estate listed in the annexed list from the plaintiff.

Reasons

1. Basic facts

A. On May 27, 2015, the Plaintiff entered into a sublease contract with the end of 70,000,000, monthly rent of KRW 4,000,000, and the lease period from June 19, 2015 to May 19, 2018, with respect to the store retail store of 13 square meters (102, the right side column; hereinafter “instant store”).

B. The Plaintiff paid KRW 4,00,000 each monthly rent to the Defendant on June 2, 2015 and June 17, 2015, and paid KRW 3,500,000 each month from July 17, 2015 to June 22, 2016, as follows:

(A) The Plaintiff paid all the deposit to the Defendant on June 2, 2015. The payment date of the payment date of the payment date of the payment date of the payment date of KRW 3,500,000 on July 17, 2015; KRW 3,500,500 on March 17, 2016; KRW 3,500 on August 17, 2015; KRW 500,000 on KRW 03,50,000 on December 3, 2015; KRW 0,500,000 on KRW 0,00 on June 3, 20, 200 on KRW 16.3,50,00 on April 19, 2016; KRW 50,000 on KRW 50,000 on September 3, 17, 200, KRW 500 on KRW 18,50,005;

C. Meanwhile, from July 1, 2016, the Defendant filed a lawsuit against D and E, a lessor, claiming for the termination of a lease agreement and the return of the leased object, including the instant store, on October 24, 2016, with the Jeonju District Court 2016Da31130 Decided October 24, 2016.

원고가 전차인으로서 점유하고 있는 이 사건 점포의 현황은 별지 목록 기재 부동산 중 별지 도면 표시 5, 6, 7, 8, 5의 점을 차례로 연결한 선내 ㈐ 부분 7.79㎡이다.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination

A. Since the lease contract, which forms the basis for the repayment obligation of the first sub-lease deposit of the Defendant, is terminated due to the Defendant’s repayment of the rent to the lessor, the sub-lease contract is concluded.

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