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(영문) 서울중앙지방법원 2015.11.04 2012가합55070
임대차보증금반환 등
Text

The Defendant (Counterclaim Plaintiff) B and the Defendant (Counterclaim Plaintiff) C claim the removal of the interior facilities of the instant counterclaim.

Reasons

Basic Facts

The Defendants related to the ownership of real estate, the designated parties, and G (Defendant B’s wife) own each of the real estate listed in the attached Form (hereinafter “instant land and building”) according to the following shares:

However, on October 13, 2014, after the filing of the instant lawsuit, G transferred the ownership of each of the following shares with respect to the land and buildings of this case from Defendant B:

On April 5, 2012, the Plaintiff entered into a lease agreement of D1/5 C 1/5 E 1/5 B 1/10 G 1/10 shares D 38.8/196 C 38.8/196 C 40.8/196 B 35.8/196 G 3/196 G 3/196, among the buildings listed in attached Form 2 (hereinafter “the building in this case”) from the Defendants and the designated parties, the portion connecting each point of the items in the attached Form 1, 2, 3, 4, and 1 (hereinafter “Lease object of this case”) with the lease deposit of KRW 100,00,00,000, the rent of KRW 8,000,000,000 for rent of KRW 40,000 for each month (hereinafter “the lease object of this case”) and the lease agreement of this case was set as KRW 40,405,201.

On the same day, the Plaintiff remitted KRW 100,000,000 to the account in the name of Defendant B representing the lessor, and on May 5, 2012, the Plaintiff paid KRW 4,400,000 for the rent of April 2012 to the Defendants and the designated parties, and KRW 8,800,000 for the rent of May 5, 2012, respectively.

The instant lease agreement became final and conclusive on May 15, 2012 following the revision on some clauses twice, and the details of the final and conclusive contract are as follows:

(A) No lessee shall change the purpose or structure of the above real estate, transfer the right of lease or offer the security, nor use it for any purpose other than the purpose of lease, without the lessor's consent. (2) Article 3 (Change of Use and Sub-lease, etc.) No lessee shall change the purpose or structure of the above real estate, nor use it for any purpose other than the purpose of lease.

§ 4. Contracts

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