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(영문) 광주지방법원 2014.08.22 2013가합7853

건물명도 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 21, 201, C leased from the Defendant a deposit of 240,000,000 square meters of a partial improvement factory located in Gwangju Northern-gu (24,000,000 won for contract deposit, intermediate payment of KRW 100,000,000 for intermediate payment of KRW 116,00,000 for outstanding payment, and KRW 4,60,000 for monthly management expenses, and the period from August 1, 201 to July 30, 2013 (hereinafter “lease”).

B. On June 30, 2011, the Plaintiff lent the intermediate payment of KRW 100 million to C by depositing the Defendant’s account in the name of E, the spouse.

C. The special terms and conditions of the instant lease agreement (hereinafter “the instant special terms and conditions”) stipulate as follows: “The lease deposit after the expiration of the contract shall be returned in the presence of F and E.

The Defendant and C changed the content of the instant lease on March 1, 2012 as follows.

1) Lease area: 2) Lease deposit: 90,000,000 won per month management expenses: Reduction of 90,000 won: 4) The special agreement of this case is deleted.

E. On April 3, 2012, the Defendant returned KRW 122,422,50 (the amount obtained by deducting the aggregate of KRW 27,577,500 from KRW 150,000,000, the difference of deposit) to C out of the difference of deposit due to the above change, while G, which is the mother of F, was present.

F. On March 26, 2013, the Plaintiff received an attachment and assignment order on the claim for the refund of deposit amounting to KRW 115 million (Seoul District Court Decision 2013Tz. 4359).

G. From this Court’s 2013s.18472 (2013da54784), C transferred the above 76m2 to the Defendant on January 22, 2014 during the conciliation procedure, and the Defendant was notified of a compulsory adjustment order to the effect that the Defendant would pay C the amount after deducting overdue management expenses, the amount seized, etc. from the deposit, at the same time as the above delivery was received, and confirmed around that time.

H. On June 2, 2014, the Defendant paid KRW 71,734,080 (the amount calculated by deducting KRW 18,265,920 from KRW 90,000,000, the monthly amount of management expenses, etc.) to the Plaintiff.

recognized.