(영문) 수원지방법원여주지원 2016.11.16 2015가합11372



1. The plaintiff's primary claim among the lawsuit of this case is dismissed.

2. Attached list against the Plaintiff’s Defendant.


1. Basic facts

A. On June 13, 2012, Seoul Mutual Savings Bank (hereinafter “Seoul Savings Bank”) concluded a lease agreement with the Defendant (hereinafter “instant real estate”), setting the lease period as KRW 50,000,000, and KRW 10,000,000, with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on a deposit basis, from June 13, 2012 to June 12, 2015.

B. On January 17, 2013, upon receipt of an application for the settlement prior to filing a lawsuit regarding the instant lease agreement against the Defendant, etc., the Seoul Savings Bank and the Defendant, etc. prepared the said protocol of settlement (hereinafter “instant protocol of settlement”). Article 2012-7 of the said protocol of settlement (hereinafter “instant protocol of settlement”) of the instant protocol of settlement, the Defendant may preferentially purchase the instant real estate by paying 4.5 billion won to the Plaintiff within three months from the expiration of the instant lease agreement upon the expiration of the lease agreement. However, the Defendant’s preferential purchase agreement (hereinafter “instant preferential purchase agreement”), which states that the said agreement is the preferential purchase agreement, and the Defendant’s right under the said agreement is included therein.

C. The Seoul Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as the trustee in bankruptcy of the Seoul Savings Bank on the same day.

After drawing up the protocol of conciliation of this case, the Defendant in arrears did not delay that the lease of this case was eight (8) days. Accordingly, on June 27, 2014, the Plaintiff requested the Defendant to pay the unpaid rent by July 4, 2014, and did not implement the said request, the purport that the lease of this case, including the preferential purchase agreement of this case, will be terminated.