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1. The Plaintiff:
A. Defendant A Co., Ltd. shall be the Daejeon District Court with respect to the real estate stated in the attached Form.
Reasons
1. Presumed facts
A. On October 25, 2011, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) with the deposit amount of KRW 500 million, monthly rent of KRW 45 million, and the lease term from October 26, 201 to October 25, 2016 (hereinafter “instant lease”).
B. On January 25, 2012, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) of KRW 500 million with respect to the instant building by the Daejeon District Court, Daejeon District Court No. 3896, receipt of the Daejeon District Court’s receipt of registration office, in order to secure the right to return the lease deposit
C. On September 25, 2014, Defendant A entered into a lease agreement with Defendant B to KRW 300 million, monthly rent of KRW 495 million, and lease period from September 30, 2014 to September 30, 2015.
Since then, Defendant B commenced the business of crowdfunding in the name of “C” in the instant building.
Defendant B filed an application for provisional attachment on December 11, 2014 for the instant mortgage claim, and completed the registration of provisional attachment (hereinafter “instant provisional attachment”) on December 11, 2014, and subsequently completed the registration of attachment (hereinafter “instant attachment”) on April 12, 2016 upon filing an application for provisional attachment.
E. Until June 17, 2015, Defendant A paid the Plaintiff the rent of KRW 49.5 million each month in the name of Defendant A or Defendant B, but thereafter, Defendant A was in arrears from July 2015, and thereafter, Defendant A paid the rent of KRW 49.5 million around November 2, 2015 and KRW 49.5 million on November 30, 2015.
F. The Plaintiff filed a lawsuit against the Defendant A, B, etc. regarding the delivery of the building at this court, stating that “The instant lease agreement was terminated as the Defendant A was in arrears.”
This Court held on September 30, 2016 that Defendant A was the tea of the instant lease agreement from July 2015.