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(영문) 수원지방법원평택지원 2019.09.05 2018가합642

전부금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On January 20, 2014, the Defendant entered into the first lease contract with Nonparty C Co., Ltd. (hereinafter “C”).

(C) the building located in Asan City D (hereinafter referred to as “instant building”) owned by C between them.

(1) The term of the lease deposit for 40,000,000 won, monthly rent for 20,000,000 won, the term of the lease shall be from February 1, 2014 to January 31, 2016, and the lease contract for 40,000 won is concluded (hereinafter “instant first lease contract”).

(2) The first lease contract contains the following contents:

Article 5 (Change of Structure)

1. The defendant may alter or construct a building with the consent or consent of the Party A (C);

2. A shall bear all the expenses, such as the construction cost and incidental expenses used by B.

Article 6 (Restoration of Original State) In the case of new construction, reconstruction, structural alteration, etc. of this real estate with the consent (or consent) of A, the original restitution shall be made by A to pay to B all construction costs, such as construction costs and incidental expenses paid by B by the expiration of the contract period (or termination).

Article 9 (Matters of Special Agreement)

1. At the time of dispute, rehabilitation, bankruptcy, or auction proceedings with a third party with respect to a leased factory, Eul uses the above real estate without compensation, and Gap does not claim rent, terminate the contract, or raise any objection thereto.

B. 1) Nonparty E applied for a payment order against Nonparty C to the Incheon District Court (the above court 2013 tea15069), and the payment order as of January 15, 2014 of the above court became final and conclusive. 2) Nonparty E applied to the Incheon District Court for a seizure and collection order against KRW 31,386,70 of the monthly rent against Defendant C (the above court 2014TTT13758), and the written decision on the seizure and collection order was served on the Defendant on May 8, 2014.

On September 11, 2014, the Defendant paid KRW 32,620,173 to E with the collection amount and delay damages in accordance with the above collection order.

3. The plaintiff is the defendant C.