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1. The Plaintiff:
A. Defendant B and Defendant C on April 22, 2013 with respect to real estate listed in the attached Table 1.
Reasons
1. Facts of recognition;
A. On April 22, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, a lessor, setting the remainder of the building (hereinafter “instant building”) excluding the 8th floor from among the 5th floor and the 9th apartment buildings constructed on the Gyeongnam-do, Yangyang-do, Yangsan-do, the 4th floor constructed on the 5th floor, and the 9th apartment buildings on the ground as the leased object, and the specific details are as follows.
- The lease term shall be 15 years from November 1, 2013 to October 31, 2028
(Article 4 of the Agreement) - The Defendant Company shall receive consent from twenty-six buyers of the 28 defense rooms of the instant building section for exclusive use by the Defendant Company to all the powers and obligations regarding the conclusion of this Agreement as lessors.
(Article 5(1) of the Agreement - The Plaintiff shall deposit KRW 4,000,000,000 as the deposit for lease of the instant building to the bank account designated by the Defendant Company.
(Article 8(1) of the Contract) - The Defendant Company shall provide the Plaintiff with a security right to an amount equivalent to 200% of the deposit, taking into account the Plaintiff’s investment costs, at the time of receiving the balance
For this purpose, the right of lease or collateral security shall be established with respect to the building of this case which is the object leased to the Plaintiff as the lessee.
(Article 8(2)(b) of the Contract.
On May 16, 2013, the remaining Defendants, except Defendant Company and U, drafted written consent to confirm that they delegated the authority and duties under the terms and conditions of the instant lease agreement to the Defendant Company as the purchaser and owner of each section of exclusive ownership under paragraphs (1) through (19) of the attached Table of Real Estate among the instant building.
C. The Plaintiff paid the lease deposit to the Defendant Company by August 23, 2013, but the Defendant Company delayed the establishment of the right to lease under the lease of this case, and the Plaintiff’s payment to the Defendant Company by content-certified mail around November 2013 and around December 2013.