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(영문) 서울중앙지방법원 2015.09.23 2014가단5236284
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant leased the Jongno-gu Seoul Metropolitan Government 21fa-1 (hereinafter “instant commercial building”) from the Sejong Development Co., Ltd. to sublet it to other persons.

B. From September 7, 1996, the Plaintiff transferred the instant commercial building from the Defendant from around September 7, 1996 to the present day, and directly imports, sells, etc. the medical instruments and sales business in the name of “D”, including B-2, and 3 attached to the instant commercial building.

C. However, around 200, the management right of the instant commercial building was exceeded from the Sejong Development Corporation to the Seoul Facilities Management Corporation. Since the Seoul Facilities Management Corporation prohibits sub-lease of the instant commercial building, the Plaintiff and the Defendant concluded a lease contract with the Seoul Facilities Management Corporation in the name of the Plaintiff on the instant commercial building, but in substance, the Plaintiff maintained a sublease relationship with the instant commercial building until now in the form of using the instant commercial building acquired from the Defendant as the previous commercial building from the Defendant.

On the other hand, on July 6, 2001, the Plaintiff and the Defendant agreed to set up a collateral security right of KRW 200,000,000 on the attached list owned by the Plaintiff (hereinafter “instant agreement”) against the Defendant as to the real estate owned by the Plaintiff (hereinafter “instant real estate”), in order to guarantee the damages incurred to the Defendant in the event the Plaintiff did not transfer the right of lease of the instant commercial building to another person or perform any other disposition or any other procedure for transferring the right of lease to the Defendant.

On the other hand, the agreement between the plaintiff and the defendant of this case shall be reached every one year.

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