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(영문) 서울중앙지방법원 2016.05.13 2015가단5294737
전대차보증금반환
Text

1. The Defendant: 60,000,000 won to Plaintiff A; 30,000,000 won to Plaintiff B; 27,480,000 won to Plaintiff C; and 30,000 won to Plaintiff D.

Reasons

1. Facts of recognition;

A. On August 30, 2012, F entered into a lease agreement between the Defendant and the Defendant to lease the first floor (hereinafter “instant building”) among the five-story buildings in Seoul Jongno-gu G, H and I ground (hereinafter “instant building”). The instant building consists of ten stores) with a deposit of KRW 150,000,000, monthly rent of KRW 4,675,000 (including value-added tax) and five-year period.

B. The Defendant, with the consent of F, subleted part of the instant building to Plaintiffs A, B, C, and D as follows.

순번 전차인 전대차 목적물 계약일 (기간) 보증금 월 차임 부가세 관리비 1 A 11호 매장 (보석판매장 11m ^{2}) 2012. 5. 14. (2년) 60,000,000원 1,800,000 180,000 300,000 2 B 14호 매장 (보석판매장 11m ^{2}) 2012. 5. 15. (2년) 30,000,000원 1,100,000 110,000 50,000 3 C 15호 매장 (보석판매장 11m ^{2}) 2012. 5. 15. (2년) 30,000,000원 1,100,000 110,000 50,000 4 D 16호 매장 (보석판매장 11m ^{2}) 2012. 5. 14. (2년) 30,000,000원 1,100,000 110,000 50,000

C. On April 14, 2015, F sent a content-certified mail to the Defendant to the effect that the above lease contract is terminated on the grounds that the Defendant was in arrears with the two-year period period. On April 15, 2015, F sent a content-certified mail to the Plaintiffs on the grounds that the Defendant was in arrears with the two-year period period, and demanded the termination of the above lease contract and the delivery of the instant building. Each content-certified mail reached the Defendant and the Plaintiffs around that time.

F was sentenced on September 16, 2015 by filing a lawsuit claiming delivery of a building with the Seoul Central District Court 2015da72697, and rendered a judgment against the Plaintiffs and the Defendant to the effect that the said court shall deliver each of the instant buildings to the Defendant, and each of the sub-leases to the Plaintiffs.

The defendant appealed in Seoul Central District Court No. 2015Na57804, but on March 11, 2016, the defendant's appeal is dismissed.

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