임대보증금반환 등
1. Defendant B’s KRW 350,000,000 as well as 5% per annum from April 1, 2010 to November 25, 2017 to the Plaintiff.
1. Facts of recognition;
A. On September 1, 2006, the Plaintiff and D entered into a contract with the terms that the Plaintiff leases the part of the “Fwabow” among the “Fwabow” located in Seongbuk-gu, Seongbuk-gu, Sungnam-si and three parcels of land 203, 212, and 214 (hereinafter “instant building”). The term of lease deposit KRW 350,000,000 and the term of lease KRW 36 months.
(hereinafter referred to as “the lease of this case”) B.
At the time, Defendant B, who was scheduled to purchase the instant building, guaranteed the Plaintiff’s obligation to return the lease deposit.
However, the guarantee of the above obligation was established after the completion of the registration of transfer of ownership in the name of the defendant B on the building in this case.
[ Cash Storage Certificate] KRW 350,000,000,000 for a day shall be kept as Fwebing Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba, but the Cash Storage Certificate shall be recovered and discarded after the creation of a collateral mortgage after the registration as owned by Defendant B.) 20,000
C. On September 12, 2006 and September 14, 2006, the Plaintiff paid KRW 250 million to Defendant B as the instant lease deposit. On September 13, 2006, the Plaintiff paid KRW 100 million to Defendant C (the father of Defendant B).
At the time, Defendant C prepared and delivered the following cash storage certificate (hereinafter “the custody certificate of this case”) to the Plaintiff.
On October 27, 2006, Defendant B completed the registration of ownership transfer based on sale on September 30, 2006 with respect to the instant building. On January 16, 2007, Defendant B completed the registration of ownership transfer on September 30, 2006, and on January 16, 2007, Defendant B completed the registration of creation of a neighboring mortgage of KRW 350 million with respect to the Plaintiff with respect to the area prior to the division; hereinafter “instant land”).
(hereinafter “instant collateral security”). E.
After the termination of the lease, the Plaintiff delivered the instant building to Defendant B on March 2010.
F. Meanwhile, the instant land on March 24, 2010.