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(영문) 서울고등법원 2015.07.15 2015나2001664
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. 1) The relationship of the leased object is 387 square meters in Gyeonggi-gun E (hereinafter “instant land”).

2) The building and its ground (hereinafter referred to as “instant building”)

On July 28, 2008, each ownership transfer registration was completed in the C’s future on July 28, 2008. 2) On July 28, 2008, with respect to the instant land and the Gu building, the establishment registration was completed on July 28, 2008, including the maximum debt amount of 70,410,000 won, the debtor C, and the New Mutual Savings Bank Co., Ltd. (hereinafter “New Mutual Savings Bank”), and on January 19, 201, the establishment registration was completed in the F’s future on July 25, 201.

3) Since around 2009, C removed the instant old building and constructed a new building on the ground of the instant land, but failed to obtain approval for use (hereinafter “new building”).

(B) On September 27, 201, the Plaintiff entered into a lease agreement and Defendant B’s intermediary act 1) with Defendant B’s agent D, and with respect to the instant land and its ground buildings (the new building was newly constructed on the instant land at the time of the aforementioned lease agreement) with Defendant B, the lease deposit amounting to KRW 140 million (the contract deposit amounting to KRW 14 million on the date of the contract, intermediate payment amounting to KRW 66 million until October 28, 201, and the remainder amounting to KRW 60 million until December 13, 2011). From December 13, 2011 to December 13, 2013, the lease term stipulated as lease agreement (hereinafter “instant lease agreement”).

2. Prior to the conclusion of the instant lease agreement, the Plaintiff pointed out that each of the above collateral obligations was excessive, and uneasiness, D was the actual ownership of the instant building, and only its name C, and it was deemed that D would register the remainder of the collateral obligation of senior collateral security as KRW 100 million within five days when the Plaintiff pays the remainder.

Accordingly, the instant lease agreement is valid.

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