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(영문) 광주고등법원(전주) 2019.04.04 2018나10383
건물명도(인도)
Text

1. Revocation of the first instance judgment.

2. The defendant shall deliver to the plaintiff the building indicated in the attached list.

3.The Court.

Reasons

1. Basic facts

A. Conclusion, etc. of an initial lease agreement with D and C

2. Article 3, which provides that the lessee shall pay the lease deposit to the lessor for the lease of the above real estate under Article 2 of the terms of the contract: KRW 80 million (in the contract, the lease deposit shall be stated as the lease deposit) and monthly rent: Article 4, which provides that no real estate deposit shall be made on May 30, 209, the lease deposit shall be set at 48 months from the date of ordering the lessee to pay the lease deposit. Article 9, Paragraph 80,000 won shall be set at 1,000 won, which shall be set at 48 months from the date of ordering the lessee to pay the lease deposit:

Matters of special agreement

2. Early cancellation of the business lease period: A lessee shall be notified of the termination due to a failure of the business before six months.

1) C Co., Ltd. (hereinafter “C”)

A. D Co., Ltd. (hereinafter “D”) on February 5, 2009

(1) A building listed in the separate sheet (hereinafter referred to as “instant subparagraph I”)

(i) the three entire floors, including G and H, of the same building (hereinafter collectively referred to as “instant building”)

2) On March 20, 2009, C concluded a lease agreement with D on the following terms: (a) on March 20, 2009, with respect to the instant subparagraph (i) as a collateral for the repayment of the lease deposit against D, Co., Ltd., Ltd. (hereinafter “J”) set up a collateral security agreement with the debtor D and the maximum debt amount of KRW 80 million with respect to the instant subparagraph

D on the same day, the above subparagraph I of this case was loaned KRW 560 million from J as security and paid KRW 800 million, including this, to C as security deposit.

3) Around that time, the Defendant, a representative director, E and the shareholder of D, was transferred the instant building from C, and operated Q Research Institute. 4) D notified C of the termination of the lease agreement on the instant building on the ground of a business failure under the special agreement on December 13, 2011.

Since 5, the defendant shall succeed to the rights and obligations of D as lessee of the building of this case, and on February 9, 2012, the defendant shall be as follows.

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