3 lessees sued over unpaid rent

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Posted on Sep 09 2005
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A Guam resident yesterday sued three persons who had acquired lease interests over his Saipan property, asking the Superior Court to terminate the lease and compel payment of unpaid rent amounting to some $90,400.

Gregorio C. Arriola filed the civil suit against Chang Sam Hyun, Chong Yoon Suk and Cha Yung Soon.

In his complaint, Arriola said he leased out his 8,491-square meter Gualo Rai lot to Hyun on Feb. 15, 1997 for a term of 55 years.

As part of the lease agreement, Hyun paid advance payments of $10,000 upon the execution of the lease agreement and $30,000 six months thereafter to Arriola.

Hyun, however, failed to pay another $32,000 after six months pursuant to the terms of the agreement. He failed to pay that amount despite demand, Arriola’s lawyer, Vicente T. Salas said.

Salas said Hyun also failed to pay the monthly rent of $3,000, with his last partial payment of $1,000 being made on Dec. 22, 2003.

Salas said that Hyun had actually assigned his interest over the lease to Suk on May 2, 1997. On Nov. 5, 2003, Suk assigned his interest over the lease to Soon for $100,000, which was due upon the execution of the assignment.

Despite the assignment to Soon in 2003, Suk entered into a settlement with Arriola on May 20, 2004 for the payment of $20,000 to the landlord to settle all rental arrears as of that date. Salas said Suk only paid Arriola $6,000.

Arriola notified Hyun, Suk and Soon on July 21, 2005 that he would file a complaint for the termination of the lease unless unpaid rent amounting to $87,100 at that time was settled. The defendants, however, failed to pay the amount to Arriola. (John Ravelo)

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