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(영문) 서울동부지방법원 2014.05.09 2013가합2380 (1)
사해행위취소
Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 3,607,283,798 and the Defendant from September 20, 2012.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant Company and A (hereinafter “Defendant A”) entered into a lease agreement with each other (1) around 2001, the Plaintiff established several stores within the Seoul subway Station to enter into a lease agreement with the Korea National Tourism Organization, and the Korea National Tourism Organization entered into a contract with the Defendant A to operate each of the above stores. The Defendant A operated a store by subleting it to several third parties.

Even after the termination of the above lease agreement, the plaintiff did not deliver the above stores by the defendant Gap et al., and the court of first instance (Seoul Central District Court 2003Gahap67217, 2003Gahap6724, 2003Gahap6986, 2003Gahap66986, 2003Gahap67194, 2003Gahap67200) filed a lawsuit against the defendant Eul et al., but the court of appeal succeeded to the tenant status of each of the above stores of the defendant Korea National Tourism Organization, and concluded a lease agreement between the plaintiff and the defendant Eul, but the decision to substitute the settlement recommendation or mediation as of July 31, 2007 became final and conclusive.

(2) After the expiration of the lease period on July 31, 2007, Defendant A filed a lawsuit of objection against the claim of Seoul Central District Court 2007Gahap67185, which was to be enforced by the Plaintiff, and the decision of recommending reconciliation was finalized with the main contents of extending the lease period to July 31, 2012.

(3) On July 31, 2008, the Plaintiff entered into a lease agreement with Defendant A on July 31, 2008 (hereinafter “instant lease agreement”) with regard to 29 stores listed in the attached Table No. 786,378,915 won, monthly rent of KRW 87,375,435 won, contract term of August 1, 2007 to July 31, 2012 (hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

Article 1 (Purpose) This Lease Agreement is between the Plaintiff (hereinafter “A”) and the Defendant A (hereinafter “B”).

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