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(영문) 대전고등법원 2017.11.24 2017나11580
근저당권말소
Text

1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) B and Defendant C is modified as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. 1) Defendant B entered into the instant lease agreement on September 21, 2006 with the real estate (G building 8 floors; hereinafter “instant telecom”) indicated in attached Form 2 from the KD Industry Development Co., Ltd. on September 21, 2006

(2) On November 21, 2006, the Plaintiff, the owner of the instant commercial building, entered into a lease agreement (hereinafter “instant lease agreement”) on the instant commercial building on September 29, 2006, with a view to using the real estate (G building 7 stories; hereinafter “instant commercial building”) listed in attached Table 1 in connection with the instant her business in connection with the instant her business in question.

(1) Deposit and rent: KRW 100,000,000 per month (Additional tax, payment on the 27th day of each month): Term of lease: From November 27, 2006 to November 27, 2007.

(4) Special terms and conditions: A lessor shall be exempted from the payment of a rent during the interior term (from November 27, 2006 to January 27, 2007) and shall be increased by 7 million won per month as at the time of a re-contract on November 27, 2007 (the deposit shall not be changed to 100 million won) and the lessor shall guarantee the lessee's right for eight years.

3) Defendant B around November 21, 2006: (a) KRW 100 million (hereinafter “instant deposit”) to the Plaintiff around November 21, 2006.

B) The Plaintiff paid the instant commercial building and was handed over the instant commercial building. (B) Defendant B entered into the instant restitution agreement and set up the instant right to collateral security (hereinafter “instant commercial building”). Defendant B, while performing construction works for the operation of the instant Moel, did not comply with the instant lease agreement by destroying the instant commercial building to Defendant B.

2. The plaintiff's demand.

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