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(영문) 서울고등법원 2018.04.13 2017나2033184
채권존재확인의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendants acquired the ownership of 1/2 shares on October 31, 2013, while the owners of NBL in Gangnam-gu Seoul, NBL.

The Plaintiffs are tenants who leased part of the NBC lending room before the Defendants acquired the Defendants’ ownership, and some of them increase the lease deposit after acquiring the Defendants’ ownership.

In this case, the defendants succeeded to the status of lessor and the amount of the lease deposit acquired by the defendants are disputed.

(2) Since the J appears to have actually participated in the activities of its neighboring people rather than H from the H’s side, it refers to “H” if necessary.

After the ownership was transferred to the Defendants, it was delegated by the Defendants with the duties of maintaining and repairing the building, recruiting occupants, and managing the room. After the ownership was transferred, it was delegated by the Defendants with the duties of maintaining and repairing the building, attracting occupants, and managing the room.

B. Around 2007, Plaintiff A entered into a lease agreement prior to the change of ownership (1) on a deposit of KRW 15 million and KRW 1100,000 per month.

Plaintiff

In A's lease contract (A 1-1) held by A, lessors are only H only without representation and his seal is affixed thereon.

Plaintiff

A made a move-in report on January 23, 2008 with NBL 303.

(2) On September 27, 2011, Plaintiff B entered into a contract on the lease of J and NBC No. 201 (studio) with a deposit of KRW 50 million, monthly rent of KRW 450,000.

According to Gap evidence No. 11-1, since the plaintiff B obtained a fixed date in the lease contract on November 4, 2009, which was about September 27, 201, increased the deposit from KRW 40 million to KRW 50 million on September 27, 2011, the contract dated September 27, 2011 (A 1-2) seems to be not a new lease contract but a contract to increase the deposit.

Plaintiff

In spite of the lease contract (A 1-2) held by B, lessors are only H only without representation, and his seal is.

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