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(영문) 대전지방법원 서산지원 2017.03.29 2016가단51806
청구에 관한 이의의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 15, 2013, the Defendants concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and D Co., Ltd. (hereinafter “Plaintiff, etc.”) on a fixed period of three years from July 15, 2013, with respect to a building site of 17,729 square meters and its ground building of 1248 square meters (hereinafter “instant pen”) including Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the instant pen”).

B. On July 15, 2013, the Plaintiff et al. began with the pention business upon delivery of the instant pention. On October 25, 2013, the Defendants notified the Plaintiff et al. of the termination of the instant lease agreement on the ground that the Plaintiff et al. did not pay two or more rents.

C. The Defendants filed a lawsuit against the Plaintiff, etc. seeking the payment of unpaid rent and public charges (Seoul District Court Seosan Branch 2013Kadan15281). On January 9, 2015, the court of first instance rendered a judgment (hereinafter “related judgment”) that “The Defendant (the Plaintiff, etc.) paid KRW 75,115,473 to the Plaintiffs (the Defendants of this case) on an annual rate of KRW 5% from November 19, 2013 to January 9, 2015, and the annual rate of KRW 20% from the next day to the date of full payment” (hereinafter “related case”), and the judgment of the relevant case was dismissed and finalized on February 26, 2012 each of the instant appeals (Seoul District Court Decision 2015Na1626) and the final appeal (Supreme Court Decision 2015Da67901).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Eul evidence 1-2, Eul evidence 1-8, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. On March 11, 2013, the Plaintiff’s assertion on the instant pension, there was a voluntary decision to commence the auction as the Seosan BranchF of the Daejeon District Court.

Nevertheless, without notifying the Plaintiff of such fact, the Defendants entered into the instant lease agreement with the Plaintiff. The Plaintiff, who did not know such fact, installed a swimming pool at KRW 84,964,300 of the construction cost.

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