임대료지급청구의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 30, 2013, C entered into a lease agreement with the Defendant for a deposit of KRW 1,00,000,000, monthly rent of KRW 20,000, and the period from July 5, 2013 to July 5, 2015 (hereinafter referred to as “instant lease agreement”), with respect to the land D, E, and the accommodation facilities of the third floor above, F, and the accommodation facilities of the third floor above, and the land attached to each of the above accommodation facilities (hereinafter collectively referred to as “instant accommodation facilities”), and around that time, C received all the said deposit from the Defendant and delivered the instant accommodation facilities to the Defendant.
B. On September 26, 2014, C created a collateral with the maximum debt amount of KRW 1,000,000 with respect to the instant accommodation facilities in order to secure the payment of the said deposit to the Defendant.
C. Around February 24, 2016, H on behalf of G and the instant accommodation facility are exchanged with 3,305 square meters of land attached thereto (hereinafter collectively referred to as “instant forest”). C entered into a real estate exchange contract with G to pay KRW 190,000,000 for G’s obligations with respect to the instant forest and field, and KRW 1,660,000 for mortgage financial institution’s obligations with respect to the instant accommodation, and KRW 1,00,000 for the repayment of deposit money under the instant lease agreement, and KRW 1,00,000 for G to pay KRW 10,000,000 for exchange difference to C.
(hereinafter “instant exchange contract”). D.
As special terms and conditions, C transferred all the permissions and all rights necessary for the use and operation of the telecom when paying the exchange difference under the exchange contract of this case to G, and C was determined to be paid G after the date of acquisition until the date of acquisition as the vehicle based on the lease contract of this case.
E. C receives all the exchange difference stipulated in the instant exchange agreement on February 24, 2016, and completed the registration of ownership transfer concerning the instant forest in accordance with the instant exchange agreement on March 11, 2016, but G intended to transfer ownership from C.