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(영문) 서울남부지방법원 2015.10.02 2014가단207393
임대차보증금
Text

1. Each of the plaintiff's claims is dismissed.

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

Reasons

1. Basic facts

A. 1) D Co., Ltd. (hereinafter “instant real estate”) under the name of Seoul Southern District Court E real estate auction procedure on August 10, 2009, the Seoul Southern District Court No. 201 and 301 (hereinafter “instant real estate”).

1) After purchase, business registration is completed under F’s name on October 1, 2009 and the real estate in this case is subject to “H Coina” (hereinafter “this case Coina”).

(2) On February 26, 2011, the Plaintiff entered into a lease agreement with D (the nominal holder of the contract is F) to lease part of the instant letter and the instant letter and the instant letter and the term of lease for 24 months, the deposit amount is KRW 30,000.

B. As the Defendant C and D borrowed KRW 200 million around June 20, 201, KRW 300 million around August 8, 2011, and the sum of KRW 500 million, but failed to repay the loan, the sales right transfer contract between the Defendant and D (hereinafter “instant sales right transfer contract”) between the Defendant C and the sports facilities included in the instant private letter or sports facilities on February 8, 2012, with respect to the instant private letter or letter or letter or letter or letter or the transfer contract between March 1, 2012 to February 28, 2015 (hereinafter “instant sales right transfer contract”).

(2) The following is written in the column of the special terms and conditions of the business license transfer certificate (a evidence 2; hereinafter “the instant business license transfer certificate”) prepared at the time of the instant business license transfer contract.

(1) Even when real estate rights are changed after the transfer date of this goodwill, the effect of this transfer shall be valid.

(2) The transferor shall pay in full water services and electricity public charges until February 28, 2012, and liquidate wages and retirement allowances of employees employed.

C. On April 23, 2012, D’s past 1D (i.e., that “a total of the health equipment located in the instant friendship shall be transferred to Defendant C as part of the debt reserve funds for KRW 460 million unpaid to Defendant C.”

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