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(영문) 서울중앙지방법원 2015.04.22 2014가합544574

손해배상 등 청구의 소

Text

1. The Seoul Central District Court 2010Hun-Ba501, against the Plaintiff, shall have an executory protocol of the case.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant B’s lease contract and the lessee under Article 2(1) of the Civil Procedure Act are to use the leased object for the main and lodging purpose, and may not change the leased object to another purpose without the lessor’s prior consent.

Article 5 (Lease Fee) 2) The lessee shall pay 45 million won to the lessor on the 30th day of each month on the 30th day of each month (AT Map). Article 6 (Value-Added Tax and Tax Contributions) Property Tax and Tax Impositions on Ownership Tax shall be borne by the lessee.

Article 12 (Prohibition of Lessee's Acts and subordinate statutes) Other acts prohibited under this lease contract, management regulations, various Acts and subordinate statutes, or acts causing damage to a lessor, and Article 19 (Right of Lessee to Termination or Rescission of Contract) of the act of causing damage to the lessee, the lessor may immediately terminate or rescind this contract without due process, such as peremptory notice, if the lessee has breached his/her obligations under this contract. 5) Otherwise, if the lessee fails to perform his/her obligations under this contract, the lessee may immediately terminate or rescind this contract to the lessee. 1) On March 8, 2010, the Plaintiff owned the Plaintiff in Gangnam-gu

(C) The term of the lease under the term of the lease under the term of the lease under the term of KRW 40 million, KRW 45 million per month, and KRW 45 million per month, from March 8, 2010 to March 7, 2015 (hereinafter “instant lease agreement”).

A) Around that time, the instant building was delivered to Defendant B, and the parts relating to the instant lease agreement relating thereto are as follows. (2) Defendant B leased the name of Defendant C and drafted a lease agreement with the same content as the instant lease agreement that changed only the lessee to Defendant C under the Plaintiff’s understanding as it was difficult for Defendant B to make business registration in its own name due to bad credit problems.

3. On March 10, 2010, the Plaintiff filed a petition with the Seoul Central District Court No. 2010Da501 on the ground of the instant lease agreement entered into with Defendant B, and the Plaintiff filed a petition with the Seoul Central District Court No. 201, May 10, 2010, the Plaintiff filed the petition with the Plaintiff with the term of lease expires.