beta
(영문) 전주지방법원 2015.09.23 2013가합4691

채권부존재확인 청구의 소

Text

1. As to the real estate listed in the separate sheet, the right to lease on a deposit basis (deposit) between the Plaintiff and the Defendant on February 1, 2012.

Reasons

1. Facts of recognition;

A. On June 11, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C by setting the lease deposit amount of KRW 110,000,000 for the instant real estate, from June 24, 2011 to June 23, 2013, and paid KRW 110,000,000 as security deposit under the said agreement.

B. On February 2, 2012, the Defendant lent KRW 50,000,00 to D Agricultural Partnership (hereinafter “D”) (hereinafter “instant loan claim”).

On February 1, 2012, the Defendant entered into a contract with the Plaintiff, an employee D, under which the right to return the lease deposit under the instant lease agreement (hereinafter “the right to return the deposit”) is to be transferred (hereinafter “the instant transfer contract”).

The contents of the above transfer contract are as follows:

The amount of credit: 50,00,000 won: The repayment shall be made immediately after the record of a bank loan in D.

(2) On June 11, 201, the owner of the instant real estate and lessee shall transfer KRW 110,000,000 under the apartment lease agreement between the lessee and the owner of the instant real estate on June 11, 201, indicating the deposit amount (rental deposit) to be transferred from the deposit money before the lease.

(Provided, in the event of failure to repay the deposit after the record, the amount of the deposit shall be calculated and paid at the end of one year and six months (one-month period). (Provided, That the transferor of Article 1 (Provided, That the right of lease on a deposit basis shall be transferred along with a partial claim) shall acquire the claim for the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of KRW 110,00,000 as well as the deposit of the deposit of the lease of the deposit of the deposit of the deposit of the debtor (owner) on February 1, 2012.

Article 2 The obligor shall not pay the deposit for lease on a deposit basis to the person having a right to lease on a deposit basis after receipt of the notification of transfer to the transferee.