(영문) 부산지방법원동부지원 2015.01.23 2013가합4394

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(영문) 부산지방법원동부지원 2015.01.23 2013가합4394

양수금

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1. The Defendant: KRW 72,199,090 for the Plaintiff and 5% per annum from November 1, 2013 to January 23, 2015.

Reasons

1. Basic facts

A. The defendant is a company operating "New Columll D store" by leasing the first to the sixth to the sixth to the sixth to the ground of the building on the land of Busan Northern-gu B and three lots (hereinafter "the building of this case"). The plaintiff is a person who has acquired by transfer the claim of 600 million won for the rent of each of the sectional owners of the building of this case from E, F, and G (hereinafter "E, etc."), which is part of the sectional owners of the building of this case.

B. (1) In order to revitalize the business district of the building of this case, the sectional owners of the building of this case prepared a memorandum of understanding as to the lease agreement between the Defendant and the building of this case on December 2, 2009, by promoting the sales of the Defendant’s New Co., Ltd., the largest share of the building of this case, as the implementer of the building of this case, and the sales of the Defendant’s New Co., Ltd. (hereinafter, the company’s name is omitted).

(2) On March 11, 2010, H was delegated with all authority related to the conclusion of the lease agreement with the Defendant from the sectional owners of the instant building, including E, and entered into a lease agreement with the Defendant on March 11, 2010 (hereinafter “instant lease agreement”). A sectional owners of C commercial buildings located outside B of North-gu Busan Metropolitan City, Busan Metropolitan City, and 137, namely, “A” in the lease agreement.

) H Co., Ltd. (hereinafter referred to as “A’s agent”) duly delegated all of the powers regarding the lease agreement from the Plaintiff.

(B) and this Ireland et al. (hereinafter referred to as “B”)

shall enter into a lease agreement with respect to the real property mentioned in Article 2 as follows:

Specialized

1. A has delegated A’s all rights (including the settlement portion of security deposit and rent) to A’s agents, and A has the specific knowledge of all agreements, including the terms and conditions of this contract with A’s agents.

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