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(영문) 인천지방법원 2017.09.29 2017가단11253
차임(월세)등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. A. Around 2007, the Plaintiff leased the second floor of the building on three lots, other than Gyeyang-gu, Incheon, owned by the Plaintiff, to the Defendant, No. 202, 147.42 square meters.

B. The above lease agreement has been renewed and continued even after the termination of the lease term, and around May 2013, the lease deposit amount was KRW 40 million, and the rent was KRW 4.3 million per month.

C. On October 27, 2015, the leased object was sold to a third party during the voluntary auction procedure. At the time, the Defendant did not pay to the Plaintiff the sum of KRW 158,689,805 for rent and management expenses under the said lease agreement.

On the other hand, on October 28, 2015, the Defendant filed an individual rehabilitation application with the Incheon District Court 2015da85651 on October 28, 2015, and the Plaintiff included the claim for overdue rent and management expenses (the lease deposit amount to be refunded) that the Plaintiff seeks as the instant lawsuit as the individual rehabilitation claim, and was subject to a decision to commence the individual rehabilitation procedure on November 30, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to Articles 600(1)3 (main sentence), 603, and 604 of the Debtor Rehabilitation and Bankruptcy Act ex officio determination of the lawfulness of the instant lawsuit, when a decision to commence individual rehabilitation procedures is rendered, the individual rehabilitation claims that are recorded in the list of individual rehabilitation creditors shall not be repaid or demanded to repay, and the confirmation of individual rehabilitation claims shall be based on an objection to the details of the list of individual rehabilitation creditors and the final judgment on inspection of individual rehabilitation claims, etc.; where any confirmed individual rehabilitation claims are recorded in the list of individual rehabilitation creditors, such entry shall have the same effect as the final judgment; when a decision to discontinue the individual rehabilitation procedures is confirmed, the individual rehabilitation creditor may perform compulsory

The content of these regulations and the nature of individual rehabilitation procedures, which are collective debt disposal procedures, and the judgment in claim allowance proceedings for individual rehabilitation claims.

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