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(영문) 서울동부지방법원 2015.10.27 2014가합103686

보증금반환

Text

1. The Defendants are each buildings listed in the separate sheet from the Plaintiff by Defendant A religious organization B, C, E, I, J, K, L, M, and N.

Reasons

1. Basic facts

A. 1) A non-partyO apartment reconstruction and rearrangement project association (hereinafter referred to as a “ reconstruction association”)

From 2001, the Seoul Songpa-gu P shopping mall (hereinafter “instant shopping mall”) was newly built and Defendant A Religious Organization B church (hereinafter “Defendant church”).

(2) In order to complete the registration of the preservation of ownership of the commercial building of this case, the Defendant church did not pay 13 billion won a loan to Nonparty 1 Bank and received a trust from the reconstruction association for the portion of the commercial building of this case. As such, the Defendant church decided to lease the commercial building of this case to a specific bank and pay the above 13 billion won a loan of the above 13 billion won by aggregating the lease deposit and the separate loan from the above bank. (2) On July 2, 2008, the Plaintiff is the lessor of this case.

From the viewpoint of this case, "the lease object of this case" is "the building listed in the attached list among the commercial buildings of this case".

B. The lease contract of this case is "the lease contract of this case" under the condition that the lease is to be leased under the following conditions:

this year, and the same year.

8. 25. Delivery of the leased object of this case

Lease deposit: 5 billion won (50 million won when a contract is concluded, and 4.5 billion won on the delivery date of the object of the lease of this case): The delivery date of the object of the lease of this case for five years from the date of delivery of the object of the lease of this case: The special agreement on the commencement date of interior construction of the object of the lease of this case after the completion of the commercial building of this case (the time of approval for use) shall be the date of occupancy designated by the reconstruction and improvement project association after the completion of the commercial building of this case, first priority shall be given to the whole share of the object of the lessor of this case in the commercial building of this case from the business point of the NAF, first priority shall be given to the establishment of the first right to collateral security, creation of superficies, and provision of the property after