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(영문) 서울고등법원 2016.10.13 2016나2620
부동산임대차계약 및 중재약정 부존재확인
Text

1. The judgment of the court of first instance, including a counterclaim that has been reduced or added in the trial, shall be modified as follows.

Reasons

1. Basic facts

A. The Plaintiff’s status 1) was established by the Plaintiff’s deceased AA (N’s father of the Plaintiff’s intra-company director), and the total number of shares issued by the Plaintiff was 7,000 shares consist of AB (5,138 shares), N (1,712 shares), and AC (150 shares owned by each shareholder. The above shareholders and each shareholder are not changed from May 1, 2006 until then. The above shares owned by each shareholder and each shareholder are companies established on August 31, 1964 for the production and processing of forest products, afforestation, and real estate rental business, and N is the Plaintiff’s representative as the only internal director of the Plaintiff, and M is N’s husband. 2) The Defendant is an advertising agent, personnel dispatch and management business, parking lot business, etc. established on July 1, 2008, P is the Defendant’s intra-company director, and Q Q is the husband and the husband of PY as the Defendant’s husband and the husband of P.

B. Each lease contract between the Plaintiff, C, I, and J is concluded 1) The Plaintiff is between the Plaintiff and C (D) on March 30, 2007, and the Gangwon-gun, Gangwon-do (hereinafter “Ori”)

(2) On August 20, 2007, the Plaintiff concluded a lease contract with the content that the lease deposit is to be leased to C by setting the lease deposit amount of KRW 30 million per annum, KRW 30 million per annum, and KRW 50 million per annum, and KRW 643 square meters per annum. (2) On August 20, 2007, the Plaintiff entered into a lease contract with the J and J, with the content that the lease deposit is to be leased to C by setting the lease deposit amount of KRW 2 million, KRW 300,000,000,000,000 among KRW 8,000,000 per annum, and KRW 8,000,000,000 per annum, from August 20, 2007 to December 31, 2007.

C. On May 18, 2008, the document of the lease contract between the Plaintiff and X-Party and the document of the lease contract between the Plaintiff and X was drafted with the content that M will lease part of the F’s land on behalf of the Plaintiff at KRW 21 million due to the entry into the vehicle into the vehicle.

The Plaintiff entered into a lease agreement between the Plaintiff and M on April 1, 2012, is one of the U.S. owners of the Plaintiff, including the instant real estate.

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