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(영문) 서울중앙지방법원 2018.05.03 2017가합17905
배당이의의 소
Text

1. Of the instant lawsuit, the Defendant’s claim for the correction of the distribution schedule exceeding KRW 319,655,178 out of the Defendant’s fourth dividend amount.

Reasons

1. Basic facts

A. On November 19, 2013, the Defendant entered into a lease agreement with the Defendant on the following terms: (a) the real estate stated in attached Tables 1, 2, 5, and 6 owned by the Plaintiff from the Plaintiff: (b) KRW 550,00,000; (c) monthly rent of KRW 4,00,000; and (d) April 16, 201 through April 15, 2021; and (c) the lease agreement was concluded with the Defendant (hereinafter “instant lease agreement”).

(2) By February 10, 2014, the Defendant paid the full amount of the deposit to the Defendant. (2) The terms and conditions of the instant lease agreement are as follows.

1. The lessee shall increase the monthly rent of KRW 1,000,000 from two years to the day when the contract expires, and shall pay KRW 5,00,000 per month.

2. When the lessor pays any balance of deposit, he/she shall cancel the registration of creation of a mortgage on the neighboring real estate other than the establishment of a collateral security on the register of the register, and set up a collateral security on each real estate as shown in the attached Table, including the deposit amount of KRW 50,000,000, building repair expenses of KRW 300,000,000, premium of KRW 150,000,000,000;

Provided, That the building repair cost shall be recognized only when the receipt is confirmed, and a copy of the receipt shall be submitted.

The premium is effective at the time of the occurrence of the day, and the period of the contract does not occur within the period of the contract, and it is not effective to establish the premium, and it is not possible to request the lessee to pay the premium. However, the matters of establishing the premium by guaranteeing the stable operation of the lessee; 3. E (attached Tables 3 and 4) is excluded from the leased object, and the ownership of ownership of ownership of the leased object is the matter. 4. The lessor approves the repair of the entire building (including septic tanks) and the cost of construction repair is borne by the lessee, and the lessee is compensated for the cost of building repair (the confirmation of receipt) if the lessee is unable to conduct his/her business due to a change in the name of the urban environment improvement project before the expiration of the contract period.

(Recognition of Construction Repair Costs). 5. Removal by an urban environment improvement project before the expiration of the contract period or the lessor.

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