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(영문) 서울중앙지방법원 2017.02.17 2016가합505764
청구이의
Text

1. The plaintiff's claim is dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution 2016 Chicago303, Feb. 1, 2016

Reasons

1. Basic facts

A. On December 2, 2013, the Plaintiff leased the lease deposit amount of KRW 80 million, monthly rent of KRW 10,300,000,000 per month, management expenses (excluding additional tax), and the lease period of KRW 200,000,000 per month from February 1, 2014 to January 31, 2015, which is owned by Nonparty C.

B. On May 19, 2014, the Plaintiff and C filed a complaint with the Seoul Central District Court 2014Da273 Decided May 19, 2014, including the following:

(hereinafter referred to as “instant protocol of conciliation”) Article 1 (Expiration of the lease term, the Respondent, etc.) receives from the applicant (C) the balance after deducting the overdue rent and delay damages as specified in Article 2 below, expenses for restoration, etc. from the lease deposit amount of KRW 80,000,000,000 from the lease deposit of KRW 80,000,000, and the respondent orders the building of this case until January 31, 2015.

(In the event that a lease contract is renewed in writing and is terminated again, by the last day of that termination, and if renewed, by the date of the expiration of the renewed contract, the above leased portion shall be ordered to the applicant; (1) Article 2 (Monthly Rent, etc.) (Omission of the Contract) (Termination of the Contract) Article 3 (Cancellation of the Contract), if the respondent falls under any of the following subparagraphs, the applicant

B. Where the respondent has failed to pay the rent in the second quarter or more, the lease contract is terminated pursuant to Article 4(Obligation to specify at the time of termination of the contract) pursuant to Article 3, the respondent shall lose the benefit of time for the surrender as stated in Article 1, and without delay reinstate the real estate and the appurtenances installed without the consent of the applicant, and order the applicant.

Article 7 (Renewal) Where a lease contract is renewed in writing and is terminated again, by the last day of such termination, the provisions of this case shall continue to apply by the expiration date of the renewed contract.

C. The plaintiff was handed over the building of this case at the time of the conclusion of the above lease contract.

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