임차보증금반환
1. The defendant shall deliver the real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time. 150,000,000 won shall be applied to the plaintiff.
Basic Facts
On February 2, 2012, the Plaintiff leased from the Defendant the real estate listed in the separate sheet (hereinafter “instant apartment”) from February 29, 2012 to February 29, 2014 (24 months), the lease deposit amount of KRW 150 million (hereinafter “instant lease contract”). Paragraph (1) of the special terms and conditions of the instant lease agreement provides that “The said agreement is a lease agreement in the status of the right to sell,” and Paragraph (3) provides that “The lessor’s loan to the said real estate shall be limited to KRW 120 million,” respectively.
Meanwhile, at the time of entering into the instant lease agreement, the Plaintiff paid KRW 10 million to the Defendant as the down payment. On February 29, 2012, the Plaintiff paid KRW 140 million as the remainder lease deposit. On February 29, 2012, the Plaintiff transferred the instant apartment from the Defendant on delivery on February 29, 2012, and is residing in the instant apartment until the date of closing argument.
On February 29, 2012, the Defendant completed the registration of ownership transfer for the apartment of this case from CEXE, a selling company, on the grounds of a sales contract dated August 30, 201 (the trading price is KRW 364.6 million). On the same day, the Defendant borrowed KRW 210 million from the National Agricultural Cooperative Federation from the National Agricultural Cooperative Federation, and completed the registration of ownership transfer for the apartment of this case with the National Agricultural Cooperative Federation as a collateral (the maximum debt amount is KRW 252 million), and paid KRW 60 million out of the above loans KRW 210 million to the National Agricultural Cooperative Federation on the same day.
On July 26, 2012, August 10, 2012, and August 28, 2012, the Plaintiff sent to the Defendant, as stipulated in the instant lease agreement, content-certified mail, stating that an additional repayment of KRW 30 million out of loans to the National Agricultural Cooperative Federation, which offered an apartment of this case as security, shall be made, and that a registration shall be made by reducing the maximum debt amount of the instant mortgage.
On the other hand, the Defendant concluded the instant lease agreement.