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(영문) 서울고등법원 2018.01.25 2017나2042522
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Lease relationship 1) The Defendant, on June 22, 2016, used as a mutual public notice source for D’s “D” to C on June 22, 2016, Seocheon-si E and one parcel of land, namely, KRW 801-804 (hereinafter “instant building”).

A) A deposit was leased KRW 170 million, monthly rent of KRW 7 million (excluding value-added tax), and the period of June 21, 2018. At the time of the conclusion of the contract, the lessee could not sublet the instant building without the lessor’s consent. (ii) On June 22, 2016, C paid the Defendant deposit amounting to KRW 170 million.

3) Since then C is a G Co., Ltd. established for the purpose of real estate rental management business (hereinafter “G”).

) In addition to the rent of the instant building, G received KRW 110,000 per month from G in addition to the rent of the instant building (the rent of the instant building was transferred directly by G to the Defendant in the name of C) in return for having the instant building operate the Institute as “D” and having the Institute bear or invest a deposit of KRW 170,000,000,000,000.

B) B. B. On August 16, 2016, the Plaintiff purchased the instant building with the Defendant at KRW 950 million, but the intermediate payment of KRW 90 million on the date of the contract; the intermediate payment of KRW 200 million on August 25, 2016; and the remainder payment of KRW 660 million on September 26, 2016, the remainder payment payment date was changed several times, and eventually, it appears that the remainder payment date was set on September 26, 2016.

The parties agreed to purchase the instant building in the current facility condition with a special agreement at the time, and to deduct the secured debt and the security deposit from the balance of the purchase price, while the Plaintiff succeeded to the existing lease agreement with the secured debt of the right to collateral security established on the instant building, on the condition that the secured debt and the security deposit are to be paid.

2. On August 16, 2016, the Plaintiff’s payment of KRW 90 million to the Defendant, and the intermediate payment of KRW 200 million on August 25, 2016, respectively.

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