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(영문) 서울동부지방법원 2017.12.01 2017가단102410

보증금반환

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1. The Defendant’s KRW 46,200,00 and the following day for the Plaintiff’s KRW 5% per annum from March 28, 2017 to February 15, 2017.

Reasons

1. Basic facts

A. On August 30, 2013, the Defendant entered into a mortgage agreement with the new bank (hereinafter “non-party bank”) on the registration of the establishment of a mortgage in the name of the non-party company on September 10, 2013, with respect to the 10 story D-10111, Songpa-gu Seoul building owned by the Defendant (hereinafter “instant house”) with the maximum debt amount of KRW 139,200,000, and the debtor’s mortgage agreement with the non-party company.

B. On August 30, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease the instant housing amounting to KRW 80 million from August 30, 2013 to August 30, 2014, and KRW 300,000 in monthly rent, and the Plaintiff paid the Defendant KRW 69,000,000 on August 27, 2013, and KRW 80,000 in total on October 24, 2013, and received the move-in report on the instant housing amounting to KRW 8,00,000 on November 21, 2013, and received the move-in report on the instant housing amounting to KRW 28,00 on August 30, 2013.

C. On August 29, 2014, the Plaintiff concluded a lease contract between the Defendant and the amount of KRW 10 million with respect to the instant housing from August 30, 2014 to August 29, 2015, with the lease deposit amount of KRW 90 million, monthly rent of KRW 300,000. On August 30, 2014, the Plaintiff paid KRW 10,000 to the Defendant for the increased portion of the lease deposit.

On September 3, 2015, the Plaintiff concluded a lease contract between the Defendant and the period from August 30, 2015 to August 29, 2016 with respect to the instant house, with the lease deposit of KRW 100 million, monthly rent of KRW 230,000, and paid the Defendant the increased amount of the lease deposit of KRW 10,000 on the same day.

E. Nonparty bank filed an application for auction on the instant housing with Seoul Eastern District Court D based on the foregoing collateral security, and received a decision to commence auction on February 11, 2016, and the Plaintiff submitted an application for a report on rights and a request for distribution as a lessee at the above auction procedure on March 9, 2016.

F. On January 26, 2017, a decision on permission for sale was made with respect to the above auction procedure, and February 20, 2017.