beta
Text
1. The Plaintiff:
A. Defendant C indicated in the attached list Nos. 1, 2, 3, 4, 5, 6, 7, 8, 8, among the real estate listed in the attached list No. 1.
Reasons
1. Facts of recognition;
A. On May 20, 2006, the Plaintiff purchased 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from D Co., Ltd., and purchased 1/2 shares of each of the instant real estate from E on August 9, 2007 and owned 1/2 shares of each of the instant real estate solely.
B. Defendant B (hereinafter “Defendant Company”) leased KRW 500 million deposit money to a company operating convenience store franchise with the trade name of “F,” and from D Co., Ltd., the real estate listed in paragraph (1) of the attached Table Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1, the part (a) in the ship connecting each point of the real estate listed in the attached Table Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1 (hereinafter “instant store”).
C. Defendant C currently operates F convenience points at the instant store and is a person who actually occupies the said store.
As above, in order to secure the right to return the lease deposit amount of KRW 500 million, the Defendant Company completed the registration of establishment of each of the instant collateral security claims (hereinafter “each of the instant collateral security claims”) as stated in Paragraph (2) of the Disposition with regard to each of the instant real estate as “debtor D Co., Ltd.” and “the maximum amount of claims KRW 500 million.”
E. From June 30, 2010, the Plaintiff renewed the lease agreement with the Defendant Company on the instant store. On December 31, 2013, the Plaintiff renewed the said lease agreement with the term “from January 1, 2014 to December 31, 2015”, “from January 31, 2014 to December 31, 2015,” “50 million won of lease deposit”, “monthly rent of KRW 1.1.2 million”, and “monthly management fee of KRW 1.0 million”.
(2) The Plaintiff and the Defendant Company did not notify in writing the Plaintiff or the Defendant Company of its intent of termination or modification of the terms and conditions of the lease at least three months prior to the expiration of the lease term, on the other hand, Article 2(2) of the lease contract of this case.