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(영문) 수원지방법원 2015.08.27 2014가단74922
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Suwon District Court Decision 201Kadan95829 Decided July 3, 2012 is 80.

Reasons

1. Basic facts

A. On August 14, 2009, the Plaintiff concluded a lease contract, succeeded, and terminated a contract with C, which was designated as KRW 80,000,000,000, monthly rent, and October 5, 201, with respect to the general restaurant of 240.03 square meters on the 1st floor in Suwon-si, Suwon-si, Suwon-si, which is owned by the Plaintiff (hereinafter “instant real estate”), and C began to occupy and use the instant real estate from October 6, 2009, by paying deposit of KRW 80,000,000 to the Plaintiff, and C began to occupy and use the instant real estate from October 6, 2009.

On January 28, 2010, the Plaintiff completed the registration of chonsegwon (hereinafter “instant chonsegwon”) on August 31, 2010 with respect to the instant real estate on the deposit basis upon C’s request to establish a right to lease on a deposit basis for KRW 60,000,000 among the deposit money under the instant lease contract.

Meanwhile, upon request from C and E, the Plaintiff succeeded to C’s rights and duties for the remainder of the period stipulated in the instant lease contract as stipulated in the instant lease contract as is, on the other hand, between E and March 2, 2011; however, the Plaintiff entered into a lease agreement for temporary rent of KRW 2,500,000 (excluding value-added tax) from March 6, 2011 to October 5, 201.

(hereinafter referred to as “instant second lease contract”). Since then, upon delay in the payment of rent for at least two vehicles, the Plaintiff terminated the instant second lease contract with a policeman on July 201, and on June 5, 2012, the total overdue rent is KRW 24,215,000.

B. On the same day, C borrowed KRW 30,000,000 from the Defendant, the Defendant established the right to collateral security (U.S. District Court Decision 6522, Jan. 28, 2010) with respect to the Defendant’s right to collateral security and the right to collateral security (No. 6522, Feb. 8, 2010) with respect to the right to collateral security and the right to collateral security under the right to collateral security and the right to collateral security.

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