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(영문) 서울북부지방법원 2020.01.31 2018가단7037
임대차보증금반환 등
Text

1. Defendant C’s KRW 400,000 and its amount per annum from July 19, 2018 to January 31, 2020, respectively, to the Plaintiff.

Reasons

1. The following facts are found to be without dispute between the parties, or acknowledged as a whole by taking account of the overall purport of the pleadings as set out in Gap evidence 1 to 9, and 11:

A. On August 9, 2017, the Plaintiff, the owner of the building listed in the separate sheet (hereinafter “instant building”) through the brokerage of Defendant C, a licensed real estate agent, leased from Defendant B, the store located on the right side among the first floor of the instant building (hereinafter “instant store”) one thousand square meters (hereinafter “instant lease”), KRW 10,000,000, monthly rent of KRW 800,000, and the term of lease from August 10, 2017 to August 10, 2019 (hereinafter “instant lease”).

B. The Plaintiff paid KRW 810,000 to Defendant C as a brokerage commission.

C. After completing the manufacture of signboards and the installation of lighting equipment in the store, the Plaintiff run the business of repairing singinginging machinery from August 15, 2017 to the trade name “D” at the instant store.

The neighboring areas including the location of the instant building were included in the E Housing Redevelopment Improvement Project Zone. As to the said rearrangement project, on December 20, 2013, prior to the conclusion of the instant lease agreement, the first project implementation authorization was publicly notified on August 21, 2017, which was after the conclusion of the instant lease agreement, and the revised project implementation authorization was publicly notified on August 21, 2017, and on January 4, 2018, the E Housing Redevelopment Project Association (hereinafter referred to as the “EM”)’s management and disposal plan was authorized, and the said authorization was publicly notified on January 12, 2018.

E. On January 30, 2018, on the instant building and its site, the registration of ownership transfer was completed on December 8, 2017 in the name of the non-party partnership.

F. On January 15, 2018, the Plaintiff was notified that the instant building was accepted from the non-party partnership by the date of delivery of the instant store, and that the management and disposal plan was authorized to pay monthly rent to the non-party partnership by the date of delivery of the instant store, and that the residents in the business zone will move

G. On July 9, 2018, the non-party union is the Plaintiff.

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