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(영문) 서울고등법원 2016.08.18 2015나2059915
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The plaintiffs are the lessors who leased the building of this case to D as they shared 1/2 shares of each of the 1/2 shares of the land-based buildings of the Seo-gu Incheon Metropolitan Government (hereinafter "the building of this case"), and the defendant is the Dong-gu E, the mother of D.

B. 1) On May 15, 2013, the Plaintiffs concluded a lease agreement with D on the instant building (hereinafter “instant lease agreement”) with the terms and conditions that the Plaintiffs set the entire 1 and 2 floors of the instant building from May 15, 2013 to September 30, 2017 with D as lease deposit deposit deposit amounting to KRW 80,00,000, and KRW 10,400,000 (payment on January 1, 201) (hereinafter “instant lease agreement”).

D) On the same day, D paid 80,000,000 won to the Plaintiffs under the instant lease agreement, and began to occupy the instant building. 2) D did not pay a rent under the instant lease agreement. As such, D did not pay a rent, the Plaintiffs were on July 9, 2013 and the same year.

8. On December 12, 200, D sent to D a written peremptory notice stating that “The instant lease agreement was terminated on the grounds of delinquency in rent for at least two months (the end of June, 2013 and July 2013)” and accordingly, until July 30, 2013, D sent the written peremptory notice to the Plaintiffs by content-certified mail, which reached D around the date of delivery of each of the above written peremptory notice. 3) Notwithstanding the above notification given by the Plaintiffs, D did not pay to the Plaintiffs a rent under the instant lease agreement in addition to the payment of the monthly rent to the Plaintiffs around August 2013. Accordingly, on October 29, 2013, the Plaintiffs filed a lawsuit against D claiming for the payment of unpaid and unpaid rent for the instant building upon termination of the instant lease agreement (the instant district court, 2000, 2004. 1. 1. 1. 1. 405, 2013).

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