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(영문) 서울서부지방법원 2018.05.11 2017가단236698
전부금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 22, 2014, the Plaintiff received an order of seizure and assignment of claims based on the original payment order (Seoul Western District Court Decision 2014TTTT14435) with respect to KRW 74,95,710, out of the lease deposit claims against the Defendant of the New World shock and T&S Scers, Seoul Western District Court Decision 2014TTT14435, and the said order was served on the Defendant on November 13, 2014.

B. On June 23, 2014, the Defendant concluded a lease contract again between the world and the new world. The main contents are as follows.

Article 1 (Lease) (1) A lessor shall lease the following land to a lessee and a lessee shall lease such land:

- Indication of a leased object: B outside Seopopopo City and 18 lots (see attached drawings and records): Lease area: 9,790§³. (2) A lessee shall use the leased object as a site for a temporary temporary temporary temporary temporary provisional building in assembly style, and shall not use it for any other purpose without the lessor’s written consent.

In addition, the lessee does not have any other rights to the leased object.

Article 2 (Period of Lease) (1) The term of lease for this building shall be from December 1, 2012 to November 30, 2015: Provided, That if a contracting party fails to notify the other party of his/her opposition to the extension of the term of lease in writing 30 days before the expiration of the term of lease, the term of lease under this contract shall be automatically extended one year on the same condition (excluding security deposit and rent).

Article 3 (Lease Deposit and Facility Restoration Deposit) (1) The lease deposit shall be KRW 73,950,000, and the deposit for facility restoration shall be KRW 30,000,000, and the lessee shall pay the deposit to the lessor in cash, but the deposit for facility restoration may be substituted by the guarantee certificate.

(6) Where a lease contract is terminated, the lessee shall immediately restore the leased object to its original state and order it, and the lessor shall refund the rental deposit and the security deposit for recovery of the facility within 14 days after the completion of the lease contract.

However, the lessee is subject to this contract.

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