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(영문) 대구지방법원 경주지원 2021.03.31 2020가단10018

폐기물처리비용등

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The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a building located D in the racing-si (a building with the second floor above the ground and the third floor above the ground).

The owner of the instant building (hereinafter referred to as “instant building”).

B. On March 20, 2014, the Plaintiff entered the first floor, the first floor, the second floor above ground, the second floor above ground, the second floor above ground, and the second floor above underground, into a certified copy of the real estate registry of the instant building, the parking lot of which is 541.12 square meters, the management facilities (water tank, pump room, electricity room), 269.67 square meters below 234.56 square meters, the public facilities (the toilet, rainhouse, hallway), the first class neighborhood living facilities (the small store), the first class neighborhood living facilities (the small store), the first class neighborhood living facilities (the small store), the second class neighborhood living facilities (the small store), the second class neighborhood living facilities (the affairs) of which are 5.8 square meters below 5,58.08 square meters, and the second class neighborhood living facilities of which are 28.36 square meters below general residential facilities (the second class neighborhood living facilities) and the second class neighborhood living facilities of which are 25.374 square meters below general residential facilities (the second class restaurant).

Among parking lots, 731.2 square meters, management facilities 269.67 square meters, and 1,217.14 square meters of residential facilities (stores) with Class 1 neighborhood living facilities were leased to Nonparty E (hereinafter “E”).

(c)

E sublet the second and third floors on the ground of the instant building to Defendant C on August 30, 2014, and sublet the F in the instant building to Defendant B Co., Ltd. (hereinafter “Defendant B”) on September 5, 2016.

(d)

The Plaintiff filed a lawsuit against E for the payment of rent for arrears, etc. on the ground of unpaid rent for E (T) (Tgu District Court 2016 Gohap 204046, 200662). On August 7, 2017, the above court maintained a lease agreement between the Plaintiff and E on March 20, 2014, and the lease period shall be from March 20, 2014 to March 19, 202. The rent for each month shall be KRW 35 million including value added tax, and the rent for each month shall be paid in advance on three-month basis to the Plaintiff by 83,5320,000 won, including overdue rent and public charges as of June 6, 2017, and shall be exempted from KRW 630,5320,000,000,000,000,000,000 for sub-lease as of March 27, 2018.