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(영문) 대전지방법원 2021.01.14 2020가단103730
사해행위취소
Text

The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 25, 2011, the Plaintiff entered into a lease agreement with D (hereinafter “D”) and Daejeon-dong E-gu, Daejeon-gu, Seoul (hereinafter “instant building”) to lease the fourth-story building (hereinafter “instant building”) from October 26, 201 to October 25, 2016 (hereinafter “instant lease agreement”). (b) The Plaintiff began the instant building’s business upon delivery from October 26, 201 to around October 26, 201, and extended the area of 1st 528.1 square meters on the ground, 2nd 1,183.95 square meters on the instant building, and 3rd 72.54 square meters on the ground.

(c)

C On September 25, 2014, the Plaintiff and the instant building (including the part extended additionally after the Plaintiff’s lease), the facilities owned by the Plaintiff, and the intermediary equipment (hereinafter “facilities, etc.”) entered into a lease agreement with the Plaintiff to lease for a fixed period from September 30, 2014 to September 30, 2015 (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”), and the Plaintiff paid KRW 300 million deposit to the Plaintiff.

Of the instant lease agreement No. 2, the contents pertaining to the instant case are as follows.

Article 1 (Guarantee Money and Time for Payment) Lease Deposit and Time for Payment of Lease Real Estate (Facilities) shall be as follows:

Article 2 (Expenses for Facilities and Equipment) C, which is to be paid KRW 200 million at the time of acquisition of the lease deposit of KRW 300 million, shall be paid KRW 50 million with the rent for the instant facilities, etc. (excluding January and August) (i.e., the amount assessed for food materials and industrial products). Article 3 (Evaluation Amount for Food Materials and Industrial Products) C, which shall be assessed as KRW 50 million at the current market price for the operation of the Plaintiff, shall be assessed as KRW 50 million at the time of the Plaintiff’s operation, and simultaneously with the said contract, KRW 50 million shall be paid to the Plaintiff.

The said money is not obligated to return to C even after the contract is terminated or terminated.

Article 4 (Monthly Taxation) ① The rent of KRW 49,50,000 per month under the contract between the owner of this building and the plaintiff shall be fully borne by C, and the above shall be paid by C.

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