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(영문) 서울북부지방법원 2018.10.04 2018가단113505
근저당권말소
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be the Seoul Northern District Court with respect to the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On September 1, 2013, the Plaintiff entered into a lease agreement with Defendant Company B (hereinafter “Defendant Company”) to lease each part of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) and the D ground buildings in Gangnam-gu Seoul Metropolitan Government (hereinafter “D ground buildings”) as indicated in the following table, and delivered each lease object to the Defendant Company on the same day.

Of the 1st of September 1, 2013 or August 31, 2015, KRW 8 million,000,000,000 from the 2nd of the instant building, KRW 330 square meters among the 3nd of the instant building, KRW 3,000,000,000,000 among the 3nd of the 2nd of the instant building among the 3nd of the instant building, a monthly rent of KRW 14,00,000,000,000 among the 3nd of the instant building.

B. On September 2, 2013, in order to secure the return of the total amount of KRW 200 million for each of the above lease deposits, the Defendant Company entered into a mortgage agreement with the Plaintiff on September 2, 2013. Accordingly, on September 3, 2013, the Seoul Northern District Court rendered a registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) with the Seoul Northern District Court No. 59626, Sept. 3, 2013, the Defendant completed the registration of establishment of the right to collateral security (hereinafter “right to collateral security”).

C. On January 12, 2015, the Plaintiff concluded a new lease agreement with the Defendant Company to lease part of the instant and D ground buildings as indicated below (hereinafter “each of the instant lease agreements”).

The lease term deposit for the object of the lease shall be KRW 297m2 from February 1, 2015 to January 31, 2020, KRW 15 million from January 31, 2020, KRW 200,000,000 to KRW 330m2 from among the entire branch floors of the instant building and the first floor.

D. The Plaintiff is between the Defendant and the Defendant at the time of entering into each of the instant lease agreements, and the Defendant Company is either value-added tax on monthly rent and value-added tax.

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