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(영문) 수원지방법원성남지원 2020.01.15 2019가단205434

임대료 청구의 소

Text

1. The Defendants jointly and severally pay KRW 100 million to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. As to each of the real estate listed in the separate sheet on the change in the right to the instant real estate (hereinafter “instant real estate”), the registration of ownership preservation was completed on April 3, 1998 in the name of Co., Ltd. D, and on July 7, 2005, the registration of ownership transfer was completed on the ground of trust to E Co., Ltd., and on February 1, 2008, the registration of ownership transfer was completed on the ground of reversion of trust property in the name of Co., Ltd. D, and on the same day, on the same day, on December 22, 2007, the registration of ownership transfer was completed on the ground of sale (hereinafter “instant registration of ownership transfer”).

B. The Defendants operating Moel accommodation business from June 1998, upon exercising their right of retention on the instant real estate from around June 30, 1998, began to conduct business registration under the Defendants’ name and run Moel accommodation business on the said real estate, and thereafter, the name of the business operator with respect to the said Moel was changed to F on November 10, 2004 and G (Defendant B’s mother) on October 30, 2007.

C. Settlement prior to the plaintiff's filing of a lawsuit and business registration reconciliation clause concerning the above Maurel

1. G shall pay to the Plaintiff the annual rent of KRW 15 million and interest KRW 30 million each month from April 30, 2008 to the Plaintiff.

2. G does not pay the above rent and its funds for at least two months, G shall immediately issue an order for the instant real estate.

(1) As of March 30, 2008, the Plaintiff prepared a lease agreement on the instant real estate between G and G. On May 19, 2008, the Plaintiff made a settlement prior to the filing of the lawsuit (hereinafter “the instant lawsuit telephone”).

(2) Around July 8, 2008, the Plaintiff changed the name of the business entity of the Maurel from G to the Plaintiff. D.

(1) The Defendants filed a claim for ownership transfer registration against the Plaintiff by the Defendants (A) shall be against the Plaintiff at the Suwon District Court 2016Gahap201070, and “the Defendant” from D.