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(영문) 서울고등법원 2017.11.23 2017나2028434

건물임대료청구

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) A Co., Ltd. (hereinafter “B”) (hereinafter “B”), including the conclusion of a sales contract between the Plaintiff and D.

D(B) is referred to the defendant as the representative director of the B.

(2) The building owned by Jongno-gu Seoul Metropolitan Government E. 109.8 square meters, F. 125.3 square meters, G. 198.4 square meters, and each of the above sites, 4 floors above the ground of reinforced concrete structure flat slive roof, and 4 floors above the ground (hereinafter the above building referred to as “instant building”), and the above land and the instant building collectively consisting of three lots of land and the instant building “each of the instant real estate”.

2) At the same time, D, while bearing the debt of 15 billion won for the loan of a loan to another mutual savings bank (hereinafter referred to as the “Faman Mutual Savings Bank”), imposed the debt of 15 billion won with respect to each of the instant real property, D, while bearing the debt of 21 billion won with respect to each of the instant real property, the debt of 3 billion won with respect to the loan of the loan to the Mag Capital Co., Ltd. (hereinafter referred to as the “Fag Capital”), granted the right to collateral of 3.6 billion won with respect to each of the instant real property.

3. On March 9, 2012, the Plaintiff purchased each of the instant real estate in KRW 24.7 billion from D while holding a loan claim amounting to KRW 5.8 billion against D. The Plaintiff purchased each of the instant real estate in KRW 24.7 billion from the purchase price, instead of succeeding to the status of the debtor of each of the instant real estate in the name of Pu Mutual Savings Bank and Pulim Capital, which was established on each of the instant real estate, and offset the remainder of KRW 6.7 billion into the Plaintiff’s loan claim against D. The Plaintiff acquired each of the instant real estate, and entered into a contract with B to lease the ownership transfer of each of the instant real estate on April 4, 2012.

B. The Plaintiff between the Plaintiff and B leased each of the instant real estate to B on April 5, 2012 by setting the lease deposit amount of KRW 300 million, KRW 100 million per month, and KRW 50 million per month, without the Plaintiff’s consent.