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(영문) 서울중앙지방법원 2014.06.13 2013가합555157

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 22,524,221 to the Plaintiff (Counterclaim Defendant) and its related amount from November 2, 2013 to June 13, 2014.

Reasons

1. Basic facts

A. 1) Alternative Securities Co., Ltd. (hereinafter “Iol Trust”) on May 22, 2012 is a single trust (hereinafter “Iol Trust”) with respect to the instant building.

2) As between the Plaintiff and the Plaintiff, the building listed in the separate sheet No. 1 (hereinafter referred to as “instant building No. 1”).

2) The building listed in the separate sheet No. 2 and the separate sheet No. 2 (hereinafter “instant building”)

(2) On the other hand, the instant project was approved on July 17, 2013 when the project was approved on November 27, 2013, when the Plaintiff, as a beneficiary of trust proceeds, was the implementer of the urban environment rearrangement project in Zone IV in Seoul, including the instant building No. 1 and 2 (hereinafter “instant project”).

3) On June 1, 2010, the Plaintiff and the Defendant were the first floor and the first floor above ground among the instant building No. 1 (hereinafter “instant first shop”).

(2) From June 1, 2010 to December 31, 2010, the term of lease is from June 1, 2010 to December 31, 2010, the lease contract is terminated even during the period of the lease (including the extension contract) and the lessee entered into a lease contract with the lessor to return the lease deposit within 30 days after the lessee delivered the first shop in this case. In addition, on June 1, 2010, the company for the urban environment rearrangement project in Jung-dong entered into the lease contract with the Defendant to the effect that the lease deposit shall be returned within 30 days after the lessee delivered the first shop in this case. In addition, on the third floor of the second building in this case, the company for the urban environment rearrangement project in Jung-dong shall be 310 [the indication of the attached Form 3 drawings 1, 2, 3, 4, 5, 6, and 1. (a) part on the ship connected with each point of the (a) 26.46 square meters

B From June 1, 2010 to December 31, 2010, lease deposit amounting to KRW 2.8 million, monthly rent of KRW 272,00,00 shall be fixed and leased, but the term of lease and the time of returning lease deposit shall be the same as the above Plaintiff.