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(영문) 서울고등법원 2016.03.08 2015나1118

임대료등 청구

Text

1. The part against the defendant in the judgment of the court of first instance, which orders payment below, shall be against the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s husband D is, on behalf of the Plaintiff, the building indicated in the attached list with the Defendant on August 3, 2011 (hereinafter “instant building”).

A) The entire building except for an underground entertainment drinking club (hereinafter “instant telecom”).

) As to the lease deposit, the lease agreement was concluded with the content that the lease deposit is KRW 50 million, monthly rent of KRW 14 million (excluding value-added tax, payment after the 10th of each month), and the lease agreement was concluded between October 31, 201 and October 31, 201 (hereinafter “instant lease agreement”) to be leased by setting the lease term from October 31, 201 to October 31, 201.

(B) B. B. From August 3, 2011 to October 31, 2011, the Defendant paid KRW 500 million to the Plaintiff, and around that time, the Plaintiff received delivery from the Plaintiff and operated the telecom. (c) On October 31, 2011, the Plaintiff completed the registration of creation of a mortgage over the instant building and its site with a maximum claim amount of KRW 500 million to the Defendant for securing the obligation to refund the lease deposit. D. The Plaintiff and the Defendant agreed on October 15, 2012 (hereinafter “instant agreement”).

(2) The Defendant shall pay KRW 500 million to the Defendant by November 10, 2012 (the expiration date of the lease term) and if the Plaintiff fails to pay the deposit by November 10, 2012, the monthly rent shall be reserved by the Defendant.

Until the payment of the above lease deposit is made, the plaintiff shall pay to the defendant the interest of KRW 2.5 million per month (50.5% of the lease deposit) and shall be deducted at the time of the settlement of the rent.

The plaintiff shall use monthly rent as a collateral loan interest interest rate of the building of this case, and the defendant shall not pay monthly rent when interest is overdue.

A person shall be appointed.

E. On September 10, 2013, the Plaintiff sold the instant building and its site, including the instant cartel, to E and F (hereinafter “E, etc.”), and E, etc. completed the registration of ownership transfer on the instant building and its site on November 6, 2013.

F. The defendant is a building of this case.