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(영문) 부산지방법원 2016.11.23 2015가합3696
추심금
Text

1. All of the co-litigants and intervenors D, E, F, and G lawsuits shall be dismissed;

2. The defendant is also the representative party of the plaintiff.

Reasons

1. Basic facts

A. The right relationship between H 7,032 square meters and above-ground buildings in Busan Jin-gu and Busan-gu and 1) I Co., Ltd. (J, hereinafter “I”).

(A) On August 17, 2010, Busan District Court Decision 7,032 square meters (hereinafter “instant land”).

(A) 42/132 shares (hereinafter “instant shares”)

On March 20, 2012, the registration of ownership transfer was completed with respect to the above shares. At that time, the Plaintiff completed the registration of ownership transfer with respect to the Defendant on March 20, 2012. Meanwhile, the Plaintiff owned 19.2/132 shares among the above land, 12/132 shares in the Selection E, 18/132 shares in the Selection, Selection F, and 1/132 shares in the Selection, 1/132 shares in the Selection. (2) On September 3, 2010, the Defendant was awarded a successful bid for each building listed in the separate sheet located on the instant land (hereinafter “instant building”). However, on September 3, 2010, the Defendant was awarded a successful bid for each building listed on the separate sheet located on the instant land (hereinafter “the instant building site”) with respect to the parking business of the said building from the previous mayor (hereinafter “the instant parking lot occupation”).

B. On November 1, 2010, I may lease the instant shares to the Defendant with the term of lease from November 1, 2010 to October 31, 2015 without any deposit (hereinafter “instant lease contract”) by setting the amount of KRW 8.4 million per month of rent to KRW 8.4 million (hereinafter “instant lease contract”).

(2) On the other hand, the defendant paid on behalf of I a total of KRW 150 million, including KRW 50 million on March 31, 2004, KRW 30 million on September 5, 2005, KRW 50 million on November 26, 2006, and KRW 150 million on December 26, 2006.

3) The Defendant agreed to set off monthly rent of KRW 8.4 million per month under the instant lease agreement on the date of conclusion of the said lease agreement between the Defendant and the Defendant’s payment of KRW 150 million per month among the amount of the lawsuit cost of the I paid instead of the Defendant (hereinafter “instant set-off agreement”).

4) The Plaintiff and the designated parties below the Plaintiff.

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