logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2019.01.18 2018가합103104
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Permission to dispose of fundamental property of this case and prior lawsuit 1) The defendant is the land and building listed in the attached list in Seosan City C (hereinafter referred to as "the above building of this case"), and the above land together with the above land.

2) On September 1, 2015, the Defendant entered into a prior agreement for a rental contract with a medical corporation established as basic property and operated a convalescent hospital in the name of “Dvalescent hospital” in the instant building. 2) E leases part of the second floor below the instant building to operate the funeral hall, and paid the down payment KRW 100 million.

The main contents of the prior agreement are KRW 50 million, KRW 50 million per month, KRW 500 million per month, KRW 100 million in advance, and KRW 400 million in advance, and the balance shall be paid through consultation, and the agreement shall be revoked and the defendant shall refund the down payment without any condition, if it is not possible or impossible to do so due to the approval of the Do Office.

3) If the Defendant intends to dispose of property or amend the articles of incorporation by a medical corporation under Article 48 of the Medical Service Act, it shall obtain permission from the competent Mayor/Do Governor. Pursuant to the foregoing prior agreement, on November 2, 2015, the Defendant filed an application for a lease license with the Do Governor, but the same month

9. A disposition of nonpermission was rendered on the grounds of exceeding the limit of permission to provide collateral (within 60% of the maximum amount of credit).

Accordingly, on November 30, 2015, the Defendant applied for permission to dispose of basic property by reducing the lease deposit to KRW 300 million, and the Chungcheong Do Governor notified the extension of the processing period on December 9, 2015 on the grounds of the civil petition filed by neighboring residents.

4) On December 23, 2015, the Do Governor granted the Defendant permission to dispose of fundamental property on the following grounds: “Lease property: the funeral hall of the second floor underground of the D convalescent hospital; the rent of the second floor: KRW 300 million; the rent of KRW 500,000 per month; the lease period of KRW 50,000: the lease period: the lease period of five years; the lease grounds: the operation of the funeral hall (hereinafter “permission

(5) Meanwhile, E is the remainder on December 15, 2015.

arrow