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(영문) 서울중앙지방법원 2015.01.22 2013가단332869

전부금

Text

1. The Defendant’s KRW 47,489,060 for the Plaintiff and 5% per annum from December 28, 2013 to January 22, 2015.

Reasons

1. Basic facts

A. On December 15, 2008, the lease agreement C entered into a contract on the lease of each real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant for totaling KRW 200,000,000 in total and monthly rent of KRW 9,000,000 (hereinafter “instant lease contract”). In addition, C succeeded to the obligation to pay unpaid rent and management fee of the former lessee D and entered into a special agreement on the preferential implementation by December 31, 2008.

B. On June 22, 2009, with respect to the instant lease agreement between the Defendant and C, the telephone for filing a lawsuit including the following was established.

(Seoul Central District Court 2009No.873 case). C promptly orders the defendant to pay monthly rent for not less than two years.

C shall restore each of the instant real property to its original state and specify it, and may not claim for beneficial cost and premium to the Defendant.

C. On March 12, 2009, the assignment assignment assignment order (1) C transferred KRW 9 million to a third party out of the security deposit refund claim under the instant lease agreement.

(2) On February 6, 2013, the Plaintiff, based on the authentic copy of the promissory note C with respect to the authentic copy, received attachment and assignment order for KRW 100 million out of C’s claim for the refund of the above lease deposit, and the order was served on the Defendant.

(1) On November 25, 2013, the Defendant notified C of the termination of the instant lease agreement on the grounds of delinquency in payment of rent for more than two years. Based on the above protocol of compromise, the Defendant launched the enforcement of surrender.

(2) The Plaintiff filed an objection to the claim seeking the exclusion of surrender execution on the ground that the Defendant’s termination is not legitimate, denying the fact that the Plaintiff agreed to succeed to the obligations of the former lessee D and the fact that the Defendant’s termination is not legitimate.

(Seoul Central District Court 2013Kadan328525 case) Accordingly, the provisional disposition was suspended until the judgment of the appeal is rendered.

(3) However, on August 21, 2014, an objection suit filed above is filed.