beta
Text
1. The claim of this case is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
1. Basic facts
A. A. A contractual relationship 1) The Plaintiff, March 31, 2015, is D Co., Ltd. (hereinafter “Non-Party D”).
B) Between the Plaintiff and the Plaintiff’s “Chnpo City E” (hereinafter “instant shipbuilding”) the land and superficies located in Sinpo City E, and the facilities registered in the Factory Registration Act.
2) From January 15, 2016 to July 14, 2016, the Defendant agreed to rent up to March 31, 2020. (2) On December 30, 2015, the Defendant agreed to rent up two vessels of Kapeta (600 tons, 250 tons) to build and repair vessels. Of the shipbuilding yard of this case, the Plaintiff and the Plaintiff agreed to transfer “ship fleets, half-boards, YAD (site), inner walls (including road and landing facilities), etc.” to the shipbuilding yard of this case from January 15, 2016 to July 14, 2016, the monthly rent was calculated by including the monthly rent of KRW 25 million, YAD 10 million, YAD 10 million, Gapet electricity, KRW 5 million, 500,0000,000,0000,000,000 as the last day of each month (including the last day of each month).
(hereinafter referred to as “instant sublease contract”). (b)
D’s situation and the lapse of the period between the suspension of payment of usage fees, D had experienced business difficulties from around 2012, and D’s rehabilitation procedure began on December 21, 2012, and was abolished on February 19, 2014 (Seoul Central District Court No. 2014hap118, Jun. 25, 2014). On August 11, 2016, the Defendant, a creditor of D, filed an application for voluntary auction of real estate owned by D, including the instant shipbuilding and the instant building site, filed an application for auction of D’s real estate on April 7, 2014.
(Y) On May 24, 2016, the Defendant’s Intervenor 3 purchased the building and site of the instant shipbuilding yard in the aforementioned voluntary auction proceeding, and acquired its ownership on May 10, 2016.