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(영문) 부산지방법원 2016.06.03 2015나48884
배당이의 소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On March 9, 2010, the Defendant (formerly: Alternative Construction Co., Ltd.) entered into a lease on a deposit basis (hereinafter “instant lease on a deposit basis”) with the owner of a lease on a deposit basis with the owner of a lease on a deposit basis (hereinafter “right to lease on a deposit basis”) for 6, 7, and 8 floors among the 6, 7, and 7, and 8 floors of reinforced concrete structure and 9 floors residential facilities and amusement sales facilities (hereinafter “instant building”) on three parcels outside Busan, Busan, Daegu E-gu, and completed the registration of the establishment of a lease on a deposit basis (hereinafter “the instant lease on a deposit basis”).

B. On June 2010, Plaintiff A entered into a lease agreement with the Mine Development Department on the condition that the 8th floor use room and marina room in the instant building were leased KRW 40 million, monthly rent of KRW 700,000,000, and that the 700,000,000,000 of the instant building was leased between Plaintiff B and C around July 2010, the 7th floor retail store in the instant building was leased KRW 50,000,000 and KRW 2 million per month of rent.

C. Meanwhile, the Plaintiffs, the Defendant, and lighting development concluded an additional lease agreement as of March 9, 2010 (hereinafter “instant agreement”) with the following content.

Article 1 (Establishment of Chonsegwon) The Plaintiffs agree to establish the instant chonsegwon on the instant building by the Defendant.

Article 2 (Preferential Repayment) The Minister of Land, Infrastructure and Transport bears the obligation to pay the plaintiffs' deposit in preference to the defendant's deposit money, and even if the mining development is lost due to sale, sale, auction, etc. of the building of this case, the plaintiffs have the right to be paid in preference to the defendant, and the defendant agrees with it and confirmed that there is no objection.

Article 3 (Cancellation of Establishment) If the Defendant fails to cancel the registration of establishment of chonsegwon even though the Defendant was to return the deposit from the early mining development, the Plaintiffs may request the Defendant to return the deposit. In this case, the Defendant shall be the Plaintiffs.

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