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(영문) 대전지방법원 천안지원 2021.02.16 2020가단108239
건물인도
Text

1. Of the instant lawsuit, the part of the claim for monthly rent arising before April 29, 2020 shall be dismissed.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. On June 25, 2019, the Plaintiff entered into a lease contract with B Co., Ltd. (hereinafter “Defendant”) on June 25, 2019 and with respect to F Co., Ltd. (hereinafter “Defendant”) with the debtor’s legal administrator C, the Plaintiff, on a cheon-gu, Nam-gu, Seoul, with the 5th floor of concrete structure slab roof, and the 1st class neighborhood living facilities with the 5th class neighborhood living facilities with the 4th class neighborhood living facilities with the 0th class (1), (2), (3), (4), (5), (6) and (1), with each point attached to the 84.16 square meters in sequence, with respect to the lease deposit amount of KRW 10,00,00,000, KRW 80,000 (hereinafter “instant commercial building”), the lease contract with the Defendant shall be 00,000,000 won in addition to the 0th class (25,2010,000).

2) On June 25, 2019, the Defendant paid to the Plaintiff KRW 965,80 (including rent and management expenses), KRW 94,400 on October 31, 2019 (including rent and management expenses), KRW 994,400 on November 25, 2019 (including rent and management expenses), KRW 94,400 on January 7, 2020 (including rent and management expenses), KRW 94,400 on May 29, 2020 (including rent and management expenses), KRW 94,400 on May 26, 2020 (including rent and management expenses), and KRW 2 months on December 26, 2020.

3) On April 29, 2020, the Plaintiff sent to the Defendant a certified mail indicating the termination of the instant lease agreement on the grounds of arrears with more than two years of rent, and the Defendant received it on May 4, 2020.

B. B Co., Ltd. (1) obtained a decision on the commencement of rehabilitation procedures and the preservative measure on April 29, 2020 as Seoul rehabilitation court’s 2020 meeting 1,0051 (hereinafter “instant rehabilitation procedures”). On the same day, a decision was made to regard the Defendant and G as the manager, who is the representative director of B Co., Ltd., and thereafter, the custodian was changed to Defendant only.

2) Meanwhile, the Plaintiff is related to the instant lease agreement during the instant rehabilitation procedure.

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