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Reasons
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(영문) 부산지방법원 동부지원 2018.01.19 2017가합673
건물명도 등
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s closure of the hospital and conclusion of a lease contract with D) The Plaintiff is a hospital with the trade name called “Fvalescent Hospital” from the real estate listed in the attached Form owned by the Plaintiff in Busan-gun E (hereinafter “instant hospital”).

(2) On August 2015, the Plaintiff closed the instant hospital on August 31, 2015. At the time, the instant hospital concluded a lease agreement with D on July 20, 2015, the deposit amount of KRW 50 million (50 million), KRW 1,50,378,108, KRW 250,000, KRW 448,257,405, and KRW 447,000, KRW 200,000, KRW 500,000, KRW 500,000, KRW 500,000, KRW 200, KRW 150,000, KRW 25,000, KRW 25,000, KRW 500,000, KRW 25,000, and the lease agreement with the Plaintiff from September 1, 2015 to August 30, 2015 (hereinafter “the lease agreement”).

D paid KRW 150,00,000 out of the deposit to the Plaintiff on July 20, 2015 and July 21, 2015.

Meanwhile, while entering into the first lease contract, the Plaintiff and D made payment of the remainder of KRW 150,00,000 after obtaining permission for opening a hospital on September 1, 2015, and the Plaintiff terminated the provisional seizure effected in the instant hospital, but if it is inevitable for the Plaintiff to cancel the provisional seizure effected in the instant hospital, the Plaintiff and D entered into a family contract including the details that the lessor

3) On October 14, 2015, D filed a lawsuit seeking confirmation of invalidity of a lease agreement, etc. on the ground that the Plaintiff failed to perform his/her duty (Seoul District Court 2015dan21471). On November 17, 2015, when the said lawsuit was pending, the Plaintiff, D, and Defendant C transferred the status of lessee of the instant hospital to Defendant C and consented by the Plaintiff (hereinafter “instant agreement”).

A. The main contents are as follows: D, B: C, and C: Article 1 (Status A of Parties A is the lessee of the instant hospital and the business transferor under this Agreement.

B is a transferee of the business under this Agreement, and it is against the instant hospital.

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