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(영문) 부산지방법원 2018.01.17 2017나48741
전부금
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 has a claim for the amount of KRW 440 million against B according to the mediation protocol (No. 2013s. 1648) dated March 27, 2014.

B. B leased the instant building (hereinafter “instant building”) owned on July 20, 2015 to the Defendant by setting the lease deposit amount of KRW 500 million, monthly rent of KRW 25 million, and the lease term from September 1, 2015 to August 30, 2020.

(hereinafter “instant lease agreement”). C.

On September 2, 2015, the Plaintiff was issued an attachment and assignment order for the monthly rent claim under the instant lease agreement with the obligor B, the garnishee, the Defendant, the claim amounting to KRW 197,796,713, and the Busan District Court Branch B issued an attachment and assignment order for the monthly rent claim owned by the Defendant under the instant lease agreement, and the said assignment order was served on the Defendant around September 11, 2015, and for the same year.

9. A final and conclusive date.

(hereinafter referred to as "the assignment order of this case") d.

On October 14, 2015, the Defendant returned KRW 150 million to B, and filed a lawsuit seeking nullification of the lease agreement, etc. under the 2015dadan21471 with the Busan District Court’s Dong Branch Branch Branch of the Busan District Court. On October 22, 2015, the complaint delivered to the Defendant on October 22, 2015 (hereinafter “the separate complaint”) states that the lease contract of this case is revoked or rescinded on the grounds of deception and nonperformance.

E. On November 17, 2015, on which the said lawsuit is pending, Defendant, B, and F entered into an agreement with F to transfer to F all the instant lease agreement and legal relationship, as well as facilities and equipment needed for the permission of medical facilities, business, labor relations, operation of medical facilities, etc. (hereinafter “special agreement”).

F. The above lawsuit is filed against the Defendant in the amount of KRW 13 million, and the Defendant and B did not have any claim or obligation other than the separate agreement with respect to the instant lease agreement, and thus, the instant court’s compulsory adjustment decision (hereinafter referred to as “ separate compulsory adjustment decision”) was rendered on May 10, 2016.

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