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(영문) 수원지방법원성남지원 2015.10.06 2015가단6615
건물인도
Text

1. The Plaintiff:

A. Defendant A and B jointly pay KRW 21,952,983, as well as KRW 21,952,983;

B. The defendant A shall list attached hereto.

Reasons

1. Basic facts

A. On May 23, 2008, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) to lease the 203rd floor of the building indicated in the separate sheet, which is owned by the Plaintiff, with a deposit of KRW 120 million. On July 24, 2008, the Plaintiff entered into a lease agreement with Defendant A to lease the 120 million unit deposit, and the duration of the lease deposit of KRW 120 million from June 10, 2008 to June 9, 2010.

The registration of the establishment of the right to lease on a deposit basis in the port was completed.

B. On June 10, 201, the Plaintiff and Defendant A completed the registration for change of the right to lease on a deposit basis with the content that only three floors among the above buildings were leased at KRW 60 million, KRW 5350,000 per month (the last day of each month; hereinafter the same shall apply), KRW 550,000 per month, and KRW 60,000 per month for management expenses. The Plaintiff and Defendant A completed the registration for change of the right to lease on a deposit basis with the content that only three floors among the above buildings were registered.

C. In other words, on December 31, 2013, the Plaintiff and Defendant A, among the three floors of the building above, set up and leased only the portion (A) size of 154.5 square meters, deposit money, KRW 20 million per month, KRW 300,000 per month for rent, and KRW 300,000 per month for management expenses, and the Defendant B, who had the representative director of Defendant A, guaranteed all obligations under the above modified contract, to the Plaintiff.

On the other hand, on November 2, 2014, upon the application of the Defendant Skitwa Co., Ltd. (hereinafter “Defendant Skitwawa”), the attachment decision (U.S. District Court Branch 2014TW 2014TW 12983) was made on November 2, 2014 with respect to the above right to lease on a deposit basis against the Plaintiff, and the attachment registration of the right to lease on a deposit basis was completed as of November 5, 2014 as of Sungwon District Court Branch 44151.

E. However, Defendant A is above C.

The plaintiff did not pay rent, etc. for more than two years under the revised contract in the Paragraph, and the plaintiff expressed to the defendant A the intent to terminate the above lease contract as of December 10, 2014.

F. Defendant A continues to file the instant lawsuit.

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