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(영문) 전주지방법원 2020.08.12 2019나7665

근저당권말소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 30, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease the instant hotel from the Defendant (hereinafter “instant lease agreement”) with the Defendant, with the right to operate the D hotel located in Vietnam C and Quan Puu Nu TP HC (hereinafter “instant hotel”).

Article 2 (Method of Payment of Security Deposit, Rent, etc.) 1 of the Do hotel Lease Agreement for Ho Ho Min Min Min (Method of Payment of Security Deposit, Rent, etc.) is US$50,00 (No interest shall be paid for the contract deposit). 2) Rent is US US US US US US US US US US US US US6,00 from December 1, 2016 to October 30, 2017, and is US US US US US US US US US 7,200 from November 1, 2017 to October 30, 2019.

The rent is paid in advance in three-month installments.

3) The payment date of rent shall be January 20, April 20, July 20, October 20 (the payment date of rent shall not exceed 10 days).

Article 3 (Lease Period, Recontract, and Return of Deposit) 1) The term of lease shall be set from December 1, 2016 to the expiration date of the hotel contract between the defendant and the owner of the project ( October 30, 2019).

Provided, That the defendant may extend the term of a new contract after the formation of the building owner and the re-contract.

3) In the event that the Plaintiff terminates the contract before the term of the contract, the deposit shall not be refunded (hereinafter omitted) if the rent under Article 4 (Terms and Conditions and Conditions of Lease) 2 is not paid by delay for at least ten days, this contract shall be automatically terminated and shall not be used any longer.

Accordingly, the defendant agrees.

11) The terms and conditions of the lease under Article 4 may be terminated if they are on the way. Moreover, the down payment shall not be refunded. (b) The Plaintiff and the Defendant, instead of paying USD 50,000, which is the security deposit to be paid by the Plaintiff to the Defendant under the instant lease agreement, shall not be returned, each of the real estate listed in the separate sheet (hereinafter “each of the

80,000,000 won for maximum debt amount.