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(영문) 서울고등법원 2015.01.28 2014나25469
임차권설정등기등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall apply to the plaintiff with regard to the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. 1) On January 30, 2012, the Plaintiff entered into a lease agreement and the Defendant, D, E, F, and G (hereinafter “Defendant, etc.”) (hereinafter “Defendant, etc.”)

(C) the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).

) A lease deposit is leased at KRW 80 million, monthly rent of KRW 32 million (excluding value-added tax), and during the lease period from January 30, 2012 to January 29, 2014 (hereinafter the above lease contract is referred to as “instant lease contract” and its lease deposit is referred to as “the instant lease deposit.”

(2) Around that time, on March 30, 2012, the Plaintiff issued an order to the Defendant, etc. to establish the instant real estate. (2) On March 30, 2012, the Plaintiff completed the registration for the establishment of the right to lease (hereinafter “registration for the establishment of the right to lease”) of the lessee, under Article 18918, with respect to the instant real estate, the lease deposit of KRW 800,000,000,000,000,000,000,000,000,000,000,000,000,000) to the Defendant.

3) The Plaintiff filed a petition against the Defendant, etc. with the Incheon District Court No. 2011 J. 388, and on April 30, 2012 in the foregoing case, the Plaintiff may terminate the instant lease agreement if the overdue interest of the Defendant, etc. was paid to the Defendant, etc. on the monthly rent of two months. On the termination of the instant lease agreement, the Defendant, etc. may terminate the instant lease agreement. Upon the termination of the instant lease agreement, the instant protocol of compromise containing the content that the instant real estate is immediately ordered to be given to the Plaintiff

b) The Plaintiff was drafted. B. (1) The notice of termination and surrender execution 1) the Defendant, etc. did not receive any one million won out of the rent as of November 201, 2012 and any one million won from April 2013. Around June 2013, the Plaintiff declared to the Defendant, etc. that the instant lease agreement would be terminated, and the Defendant, etc. discontinued the HBA club operated on the instant real estate on June 30, 2013.

2) After that, the Plaintiff failed to obtain the instant real estate from the Defendant, etc., it was based on the instant protocol of conciliation on August 8, 2013.

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