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(영문) 광주지방법원 2016.08.19 2015나6322
건물명도 등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff was established on October 14, 2013 and operated a wholesale and retail business of medical appliances. F is the representative director. From December 12, 2011, the Plaintiff run a wholesale and retail business of medical appliances with the name of H, together with the husband, from December 12, 201, before the establishment of the Plaintiff.

B. On October 16, 2013, the Plaintiff completed the registration of ownership transfer for the instant stores from E on October 15, 2013 as the receipt of the Gwangju District Court No. 205348 on the grounds of sale and purchase on October 15, 2013. At the time, regarding the instant stores, the right to collateral security (right to collateral security) was completed on August 30, 2013 with the Gwangju District Court’s receipt No. 177344, Aug. 30, 2013.

(hereinafter “instant collateral security”). C.

On October 17, 2013, the Plaintiff drafted a lease contract with the content of a lease deposit of KRW 50,000 won, monthly rent of KRW 10,000,000 for the instant stores, from October 17, 2013 to October 17, 2015, (i) the lessee (Defendant) guarantor I, J,K, L, and M, from October 17, 2013 to October 17, 2015.

(hereinafter “instant lease agreement”). D.

The Plaintiff did not fully pay the rental deposit under the instant lease agreement, and the Plaintiff did not fully pay the monthly rent from October 17, 2013, which was the date of concluding the instant lease agreement.

Accordingly, on May 28, 2014, the Plaintiff terminated the instant lease agreement on the grounds of the unpaid rental deposit and the delinquency in rent, etc., and sent a certificate of the content that the Plaintiff requested the payment of overdue rent, etc. to the Asian Medical Association.

E. The Plaintiff did not comply with the Plaintiff’s request. On May 29, 2014, the Plaintiff filed a lawsuit, including the name of the building, etc. with the Gwangju District Court 2014Kadan26496, and issued a provisional injunction against the instant store transfer of real estate by the Gwangju District Court 2014Kadan2704 regarding the instant store.

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