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(영문) 의정부지방법원 고양지원 2018.10.19 2018가합70472

임대차보증금

Text

1. The Defendants jointly share KRW 203,551,013 with respect to the Plaintiff, and the period from August 20, 2018 to October 19, 2018.

Reasons

1. Facts of recognition;

A. (1) On September 27, 2017, the Plaintiff: (a) leased the D Building 803 (hereinafter “instant building”) from the Defendants on a deposit basis; (b) during the period from November 6, 2017 to November 5, 2019; and (c) paid the down payment of KRW 80 million (including KRW 20 million, which was sent as a provisional contract deposit, to the Defendants on September 12, 2017) in the form of the in personam lease without any rent (hereinafter “instant lease”); and (d) on the same day, the down payment of KRW 80 million (including KRW 20 million, which was sent as a provisional contract deposit).

(2) At the time of the instant lease agreement, the instant building was registered with the 1/2 share of 1/2 shares owned by Defendant B, subject to the decision on provisional seizure of real estate (hereinafter “instant provisional seizure”) and the maximum debt amount of KRW 876,00,000 under the name of the National Agricultural Cooperative Federation (hereinafter “CF”) and the National Agricultural Cooperative Federation (hereinafter “CF”), and the registration of the establishment of the mortgage of KRW 102,00,000 under the name of the Seoul Credit Guarantee Foundation was completed.

(3) At the time of the instant lease agreement, the Plaintiff and the Defendants entered into a special agreement with respect to limited real rights, etc. on the said real estate as set forth above. In preparation for the case where the Defendants failed to cancel the instant provisional seizure, the Plaintiff and the Defendants entered into a lease agreement with KRW 732 million in advance.

The provisional attachment of this case KRW 67,392,198 shall be terminated by the balance date, and the amount of total deposit shall be KRW 732,00,000,000, with the intention to reduce 68 million from the deposit for the deposit for the lease on a deposit basis.

The maximum debt amount of Nonghyup shall be 876,000,000 won shall be cancelled on the outstanding date.

A balance certificate of KRW 102,00,000 shall be attached to the maximum debt amount of the Seoul Credit Guarantee Foundation.

(38,000,000 won) The lessor shall prepare for the certificate of full payment of local taxes and national taxes on the date of the balance.

B. On November 6, 2017, the Plaintiff prepared for the remainder of deposit KRW 720,000,000 on which the Plaintiff agreed to receive the instant building, as well as the Defendant’s non-compliance with the instant special agreement.