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1. The defendant shall express his/her intention to the independent party intervenor as to the right of lease stated in the attached list.
Reasons
1. Basic facts
A. The network E (hereinafter “the deceased”) leased the same business from August 20, 2004 to operate the store No. 330 square meters in the store No. 186 of the Jung-gu Incheon Metropolitan City (hereinafter “the store in this case”).
B. On December 28, 2005, the Deceased transferred the right to lease of the commercial building of this case to the Defendant. At this time, the Defendant prepared and executed a letter on December 28, 2008, stating that he/she will transfer the right to lease of the commercial building of this case 1/2 (165m2) to the Deceased (hereinafter “each letter of this case”).
C. Accordingly, on November 28, 2008, the Defendant entered into a lease agreement with D on the lease of the instant commercial building, and thereafter, the Defendant sublet a part of the instant commercial building to H to have H operate the “I”’s store, and the remainder is one of the household stores with the “J”.
On February 2010, the Deceased prepared a power of attorney (No. 1-2, No. 1-2, and hereinafter “the power of attorney of this case”) to delegate all rights related to the right to lease of commercial buildings of this case held by the Deceased against the Defendant to the intervenors pursuant to the letter of this case, and delivered it to the intervenors together with the letter of this case.
E. In addition, around February 2010, the Deceased issued to the Intervenor a letter of delegation (No. 7-2) to the effect that the Deceased delegated all rights to D with respect to the instant commercial building that was concluded on August 20, 2004 between the Deceased and D Co., Ltd. to the Intervenor as to the lease contract for the commercial building of this case that was concluded on August 20, 2004.
F. On February 1, 2010, the Deceased borrowed 200 million won from the Intervenor on August 31, 2010 on condition of 10% per month interest from the Intervenor, and set up a collateral security right as to K and L in the case of the instant commercial building.