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(영문) 울산지방법원 2014.12.17 2014가합365
임대차보증금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

(a) The relationship between the parties (1) Defendant B and C is the owner of the three-story neighborhood living facilities (hereinafter referred to as the “instant building”) of the Namsan-gu E Ground, Ulsan-gu, and of the roof of the sand position board.

(2) On December 8, 2011, Defendant D operated the instant coffee shop (hereinafter “instant coffee shop”) by leasing the instant building used as restaurant by Defendant B and C in KRW 140,000,000, deposit amount of KRW 100,000,000, monthly rent of KRW 6,000,000, and monthly rent of KRW 6,00,000.

(3) The Plaintiff acquired the right to the instant coffee shop from Defendant D, and leased the instant building from Defendant B and C.

B. On August 12, 2013, the Plaintiff entered into a contract for acquisition and transfer of rights and a lease (1) with Defendant D on the following rights (hereinafter “instant contract for acquisition and transfer of rights”) between the Plaintiff and Defendant D:

Rights or contracts for acquisition or transfer of rights.

1. Location of real estate indication: Ulsannam-gu trade name: F;

2. The transferor and the transferee of rights to the above real estate under Article 1 (Purpose) of the terms of the contract shall enter into a contract for acquisition of rights as follows by agreement:

Total premium: The scope of transfer (such as a facility) of KRW KRW 393,00,00,00 (393,00,000): The transferor shall transfer the whole real right (on the present possession of the facility) to the transferee by the day immediately before the commencement of the lease contract, and the transferor shall remove all matters impeding the exercise of the right of lease and deliver all facilities and goodwill so that the transferee can operate immediately at the same time with the receipt of any balance.

except as otherwise provided in the agreement.

Article 4 (Cancellation of Contracts) (2) If the transferor or transferee fails to perform the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted.

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