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(영문) 서울중앙지방법원 2018.07.20 2017가단5151278
임차권등기말소
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The defendant (Counterclaim plaintiff)'s counterclaim is dismissed.

3...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 2, 2009, the Defendant entered into a lease agreement with C (the name before the change: D Co., Ltd.) on the six entire floors (hereinafter “instant real estate”) among the real estate listed in the separate sheet (hereinafter “instant building”) as to the lease deposit amount of KRW 1.5 million per month, monthly rent of KRW 1.5 million, monthly management fee of KRW 400,000,000, and the lease period of KRW 1.5 million from January 15, 2009 to January 14, 2010.

The defendant registered the business as the location of the instant real estate, and used the instant real estate from that time.

After that, on August 8, 2012, lease deposit is KRW 30 million, monthly rent of KRW 2 million (excluding value-added tax), monthly management expenses (excluding value-added tax), lease term of KRW 400,000,000 (excluding value-added tax), from September 1, 2012 to August 31, 2013, and the Defendant again entered into a lease contract (hereinafter “instant lease contract”) by changing the lease contents from September 1, 2012 to August 31, 2013. The Defendant obtained a fixed date on the instant lease contract from the head of the regional tax office on August 17, 2012.

B. On June 30, 201, C Co., Ltd. obtained loans from E organizations on June 30, 201, and completed the registration of the establishment of a neighboring mortgage on the instant building.

As C was unable to repay the principal and interest of the loan, F Limited Liability Company, the assignee of the claim to whom E organization’s right to collateral was transferred, applied for voluntary auction on the instant building including the instant real estate, and rendered a decision to commence voluntary auction to G with the Seoul Central District Court on July 30, 2013.

C. The Defendant paid rent and management expenses up to December 2012, 201, but did not pay rent and management expenses thereafter.

As the Defendant was unable to refund the lease deposit from C, it completed the registration of the establishment of the right of lease (hereinafter “instant lease registration”) by the Seoul Central District Court No. 256780, Oct. 29, 2013, which was received on October 29, 2013. The Defendant removed the instant real estate from the real estate around that time.

(e).

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