폐업신고절차이행 등 청구의 소
1. The plaintiff's lawsuit against the defendant B is dismissed.
2. The plaintiff's claim against the defendant C is dismissed.
3...
1. Basic facts
A. On November 10, 1997, the Plaintiff leased a parcel of land and its ground (hereinafter “the leased object of this case”) to the Defendant C by using it as a vehicle maintenance plant. On December 20, 2002, Defendant C established the Defendant Company B (hereinafter “Defendant Company”) and became the representative director of the Defendant Company. At that time, the Defendant Company succeeded to the lessee status of Defendant C, and thereafter, the lease contract between the Plaintiff and the Defendant Company has been maintained.
B. On November 14, 2014, the Defendant Company filed a lawsuit against the Plaintiff (hereinafter “Defendant Company’s delivery of the leased object to the Plaintiff by no later than June 30, 2016”) claiming the reduction of the rent, which is obvious that it is a clerical error in the Seoul Central District Court’s 2014Gahap583791). On March 19, 2015, the Plaintiff filed a lawsuit against the Defendant Company seeking delivery of the leased object (Uwon District Court Branch Branch Branch 2015Gahap201837). In the Sungnam Support case, the Defendant Company withdrawn the lawsuit against the Seoul Central District Court on September 24, 2015, stating that “The recommendation for compromise is finalized on September 24, 2015,” and the Defendant Company withdrawn the lawsuit to the Seoul Central District Court on October 15, 2015.
C. Nevertheless, as the Defendant Company did not deliver the leased object of this case to the Plaintiff by June 30, 2016, the Plaintiff filed an application for compulsory execution, and the Defendant Company filed a lawsuit against the Plaintiff on February 22, 2017 against the Plaintiff to file a claim for non-performance of compulsory execution pursuant to the prior settlement recommendation (U.S. District Court Branch 2017 Gohap401396), and the Plaintiff filed a counterclaim for confirmation of non-performance of debt (U.S. District Court Branch 2017 Gohap404524) with the Defendant Company’s non-performance of the obligation to pay the premium, etc. required by the Defendant Company.
In the above 2017Gahap401396 (the principal lawsuit), 2017Gahap404524 (Counterclaim), the Attached Form No. 8, September 8, 2018 is the case.