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1. The plaintiff's rehabilitation claim against the defendant shall be confirmed as 23,763,110 won;
2. The plaintiff's remaining claims.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into each lease agreement between the Plaintiff and D) between D and D on November 8, 2012, the building Nam-gu Incheon Metropolitan City E (hereinafter “E”) between D and D.
() As to subparagraphs 10 and 111, a lease agreement was concluded with respect to the lease deposit amounting to KRW 50 million, monthly rent (excluding value-added tax) KRW 3.5 million, lease term from November 8, 2012 to November 7, 2017, with respect to subparagraphs 112 and 113 above E, with respect to the lease deposit amounting to KRW 50 million, monthly rent (excluding value-added tax) KRW 2.5 million (payment on the last day of each month) and the lease term from November 8, 2012 to November 7, 2017 (hereinafter above E items 10, 111, 12, and 113 referred to as the “building of this case,” and each of the above items “the above lease agreement” collectively.
(2) Of each of the instant lease agreements, the content that “if a sales contract is concluded with a third party on the leased object, this lease agreement will be succeeded, but shall be agreed to be amended and made available for preparation of the lease agreement.”
B. Each ownership transfer of the instant building 1) C and F (hereinafter “C, etc.”)
(2) On February 13, 2014, the Plaintiff entered into a sales contract for the instant building with D, and completed the registration of ownership transfer as of each of 1/2 shares as of March 13, 2014 by the Nam-dong Office of the Incheon District Court (Seoul District Court) and the administrator C of the debtor debtor B (hereinafter “Defendant”) who is the party taking over the lawsuit, with C, etc. on April 6, 2015, and entered into a real estate sale and lease comprehensive acquisition agreement (hereinafter “instant comprehensive acquisition agreement”) with C, etc. on the purport that the purchase of E and the comprehensive transfer of the lease business are taken over (hereinafter “instant comprehensive acquisition agreement”), and completed the registration of ownership transfer as of April 6, 2015 by receipt of No. 26018 on April 6, 2015.
C. Defendant as to the instant building and C.