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(영문) 서울중앙지방법원 2015.06.04 2015가합996
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 26, 2013, the Plaintiff entered into a lease agreement with Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant Korea Asset Trust”) and A&C Development Co., Ltd. (hereinafter “Defendant A&C Development”) to lease each of the lease deposit amount of KRW 100,000,000, monthly rent of KRW 680,000 (value added tax) and KRW 109 (hereinafter “instant commercial building”) of Mapo-gu Seoul (hereinafter “instant commercial building”), and each of the lease deposit of KRW 100,00,000, monthly rent of KRW 680,000 (value added tax) and KRW 5 years from the date the remainder of the lease deposit was paid (hereinafter “instant lease agreement”).

In the instant lease agreement, the part of the cover "City Corporation: Defendant Daewoo Construction Co., Ltd. (hereinafter referred to as "Defendant Daewoo Construction")," and the part at the last part of the contract, as well as the seal of the corporate seal of Defendant Daewoo Construction. Article 21 of the above lease agreement merely agrees to the lease agreement as a trust agent for the real estate (Article 21). The lessor’s property trust for a lessor is not only liable for the ownership management under the trust agreement during the trust period, and the status of the lessor’s property trust for a lessor of Korea under the management-type land trust agreement is also included in the following: “The status of the lessor’s property trust for a lessor of Korea, without any separate procedure, succeeds to the lessor’s comprehensive succession (Article 2(2)).”

B. On October 10, 2013, the Plaintiff entered into a lease modification agreement with C, D, and the Plaintiff, a lessor, with respect to KRW 100,00,000, monthly rent, KRW 5,500,000 (excluding value-added tax) as to KRW 108 of the instant commercial buildings after the change.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Article 21 (1) and (2) of the instant lease agreement provides that the Defendant’s property trust, which judged on the defense prior to the merits, shall be the Plaintiff.

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