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(영문) 서울남부지방법원 2017.06.09 2016나55238
임관리비 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that delegated the right to occupy and use, and to manage and operate the shopping mall in the underground shopping mall located in the Seoul C market shopping mall (D) (hereinafter “instant shopping mall”).

On February 25, 2014, the Plaintiff filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2014hap32, and received a decision on March 24, 2014.

In the above procedure, as of March 31, 2014, investigation reports were prepared at approximately KRW 3.6 billion in case of the plaintiff's assets, and KRW 63.4 billion in case of the debt.

On February 2, 2015, the rehabilitation court rendered a decision to abolish the rehabilitation plan before authorization pursuant to Articles 286(1)1 and 231 of the Debtor Rehabilitation and Bankruptcy Act on the grounds that the execution of the rehabilitation plan is impossible and it constitutes grounds for exclusion of the rehabilitation plan.

B. (1) On February 14, 2013, the Defendant entered into a lease agreement with the Plaintiff with regard to subparagraph 141 of the instant commercial building as the lease deposit 491,091,600, monthly rent 64,000/m2 (in 2011, the exclusive area for use by year 201) and each lease agreement (hereinafter referred to as “instant lease agreement”) between the Plaintiff and the Defendant was concluded with regard to subparagraph 141 of the instant commercial building as the lease deposit, the lease term “construction, and one year from the date of occupancy (i.e., the lease term as a special agreement, from February 14, 2013 to October 5, 2013)” (hereinafter referred to as “instant lease agreement”). Around that time, the Defendant was transferred with the above

(2) Article 3(2) of the Regulations on the Management and Operation of Commercial Building of this case provides that “When a lessee intends to continue to conduct a business, he/she shall make a written request to the managing and operating company (Plaintiff) for the renewal of the lease at least one month prior to the expiration of the contract: Provided, That if the request for renewal is not made, the lease shall be renewed for one year

(3) The instant lease agreement has been implicitly renewed, and the legal representative of the lessee, including the Defendant, etc., was prepared for the Plaintiff on September 1, 2016 to clarify the terms “3. Also, the delegating person is preparing to clarify.”

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