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(영문) 부산지방법원동부지원 2017.08.24 2017가합100498
임대료 등
Text

1. Of the instant lawsuit, the part on the claim for overdue rent of KRW 39,500,000 and its delay damages shall be dismissed.

2. The defendant.

Reasons

1. Facts of recognition;

A. Terms and conditions 1 of the lease agreement are as follows: (a) On December 31, 2010, Plus Co., Ltd., Ltd., the Defendant (hereinafter “Defendant”) did not distinguish between the Defendant before and after the rehabilitation procedure or the rehabilitation obligor A and the Defendant.

) Of the 11th floor and Busan Metropolitan City C commercial buildings (1121 to 1136, hereinafter referred to as “instant real estate”).

(2) On June 3, 201, the Plaintiff became the owner of the instant real estate by completing the registration of transfer of ownership with respect to the instant real estate on June 3, 201, and by preparing a written consent for the alteration of the lease contract with the Defendant on the same day, the Plaintiff succeeded to the lessor’s status from Li Puls Co., Ltd. by setting up a lease agreement with the Defendant.

3) However, the Defendant complained of difficulties in operating the hospital and requested adjustment of rent. The Plaintiff and the Defendant filed a request with the Plaintiff, from May to April 2014, 2013, the monthly rent of KRW 20 million is KRW 25 million as it is the monthly rent, and thereafter, the overdue rent is the monthly rent of KRW 25 million as it is the first one. The Defendant applied for general rehabilitation with the Busan District Court on December 5, 2013, and as a result, on March 11, 2014, the Defendant filed an application for general rehabilitation with the Busan District Court on March 11, 2014 (Seoul District Court Decision 201dan30, Busan District Court Decision 2013dan30, Busan District Court Decision 2014 was extended on August 29, 2014, and the rehabilitation administrator was appointed as the rehabilitation administrator on a one-year basis.

In addition, the Busan District Court decided to obtain the rehabilitation plan approval on May 22, 2015, and decided to revise the rehabilitation plan on July 20, 2016.

However, the plaintiff's overdue rent claim against the defendant was not reported as a rehabilitation claim and was not entered in the list of rehabilitation creditors.

(c).

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