beta
(영문) 광주고등법원 2016.01.22 2015나11556

토지인도 등

Text

1. Defendant who exceeds the money that orders the payment under the following among the part concerning the claim for money in the judgment of the first instance.

Reasons

1. Basic facts

A. On December 26, 2002, the Defendant leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from B from December 26, 2002 by setting the lease deposit amount of KRW 800,000,000, monthly rent of KRW 15,000,000, and the lease term from January 6, 2003 to January 5, 2008.

On January 5, 2005, the lease deposit was changed to KRW 706,50,000, and KRW 12,000,000 per month, and thereafter on January 2008, the lease deposit was changed to KRW 19,50,00 per month, and the lease deposit was changed to January 6, 2008 from January 6, 2008 to January 5, 201, while the lease deposit was changed to KRW 32,00,00 per month, and the lease deposit was changed to February 28, 2014, and the lease deposit was changed to KRW 32,00,00 per month, and from January 6, 2011 to February 28, 2014, and the lease deposit was changed to KRW 19,50,000,000,000 for KRW 30,01,000,000.

(hereinafter “instant lease agreement”). The Defendant operated the funeral hall with the trade name “C” in the instant real estate.

B. B, for the purpose of securing the obligation to refund the lease deposit to the Defendant under the instant lease agreement (hereinafter “the obligation to refund the lease deposit of this case”), the registration of the establishment of a neighboring mortgage of KRW 700,00,000 on August 12, 200 under the name of each Defendant (hereinafter “the first neighboring mortgage”) and the attached list 1, 3, and 4 on February 28, 2014 on the real property indicated in the attached list 1, 3, and 4, respectively, was completed with respect to the establishment of a mortgage of KRW 1,50,000 on the real property indicated in the attached list 1, 3, and 200 on August 12, 2005.

C. Upon termination of the instant lease agreement between the Defendant and B, the Plaintiff, in mind, was to rent the instant real estate from B to operate the funeral hall, and to operate the funeral hall, was to KRW 1.5 billion on December 26, 2012, and on December 26, 2013.