(영문) 서울중앙지방법원 2018.08.10 2018가합517341

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(영문) 서울중앙지방법원 2018.08.10 2018가합517341

근저당권말소

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1. Defendant B Co., Ltd. shall receive KRW 27,496,020 from the Plaintiff and at the same time, each of the attached Table to the Plaintiff.

Reasons

Basic Facts

The Plaintiff leased to D each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with the lease deposit of KRW 450 million, KRW 385 million per month, KRW 385 million per month, and the lease term from April 25, 2014 to May 29, 2019.

On May 30, 2014, the Plaintiff completed the registration of the establishment of chonsegwon (hereinafter “registration of the establishment of chonsegwon”) from May 30, 2014 to May 29, 2019, under the Act No. 121547, which was received on May 30, 2014, as to the instant building (hereinafter “instant contract”) to the Seoul Central District Court: (a) the registration of the establishment of chonsegwon (hereinafter “registration of the establishment of chonsegwon”) was completed from May 30, 2014 to May 29, 2019.

Defendant B (hereinafter “Defendant Company”) entered into a lease agreement with the Plaintiff on March 18, 2016 on the instant real estate (hereinafter “instant lease agreement”) and received the instant real estate from D on the same day on the same day.

The Defendant Company completed the registration of the establishment of chonsegwon as Seoul Central District Court No. 53874 on March 18, 2016.

The relevant part of the lease agreement of this case is as follows.

The plaintiff (hereinafter referred to as the "leased") and the defendant company (hereinafter referred to as the "Lessee") shall enter into a lease contract under the following conditions:

Article 2 (Term of Contract)

1. The term of the lease agreement shall enter into force on April 25, 2014 and shall remain effective for 60 months from May 29, 2019.

Article 3 (Rental Deposit)

1. On April 25, 2014, a lease deposit shall be substituted by the payment of a lease deposit of KRW 450 million based on a lease agreement between a lessor and a D on April 25, 2014.

2. Where this contract is terminated due to the expiration of the lease term or other reasons, the lessee shall issue an order of lease to the lessee and the lessor shall refund the lease deposit to the lessee; and

Provided, That the lessee shall be borne by this contract.

유사 판례

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