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(영문) 서울중앙지방법원 2021.02.24 2020가단5040286
건물인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Facts of recognition

The Plaintiff, on March 22, 2017, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), revised the lease deposit to June 4, 2019, by taking into account two months from April 5, 2017 to April 4, 2019, to use the instant real estate as a mobile phone store, the Defendant Company revised the lease deposit to June 4, 2019, in order to use the instant real estate as a mobile phone store.

The Plaintiff and the Defendant entered into a real estate lease agreement with the terms and conditions of lease (hereinafter “instant lease agreement”). At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant: (a) allow a truster designated by the Defendant Company to succeed to the status of a lessee under the same conditions as the instant lease agreement; and (b) enter into a separate agreement (hereinafter “instant agreement”) on March 24, 2017, as follows:

(1) The lessee's right to operate a store created under this lease agreement may be delegated to the lessee's local agency.

(2) On June 5, 2019, the lessor, as of the beginning date of the term of this lease with B, shall be an entrusted operator designated by B as of June 26, 2019, and the lessee succeeds to the status under the same conditions as this contract.

Provided, That it shall include the preparation of the complaint settlement protocol of Article 31 that has been deleted.

The agreement(A evidence No. 3) provides a mortgage on the leased building owned by the lessor as security of the deposit amount of KRW 150,000,000,000 to the lessee.

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