근저당권말소
1. Defendant E: 70,400,000 won to Plaintiff (Counterclaim Defendant) and 6% per annum from September 29, 2015 to April 12, 2016.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On November 21, 2006, the Plaintiff entered into a lease agreement with Defendant B, and attached list (hereinafter “instant commercial building”), stating that deposit of KRW 100,000,000 per month of rent (including value-added tax; hereinafter the same shall apply) and the lease term from November 27, 2006 to November 27, 2007. The Plaintiff exempted the payment of rent from November 27, 2006 to January 27, 2007, and entered into a lease agreement to increase the rent of KRW 77,00,000 per month (hereinafter “instant lease agreement”). < Amended by Act No. 8197, Nov. 27, 2006; Act No. 8770, Nov. 27, 2007>
On November 21, 2006, the Plaintiff received KRW 100 million from Defendant B to deliver the instant commercial building, and Defendant B operated Lestop and Magazines shop in the instant commercial building.
B. Defendant B had the sewage pipe construction work performed on the upper floor of the instant commercial building while doing construction for operating the telecom.
Accordingly, on April 25, 2007, the Plaintiff made an agreement to the effect that “Defendant B shall deposit KRW 100 million with the Plaintiff, return the above KRW 100 million upon the expiration or termination of the lease term of this case to the original state, and if the restoration is not made, the above KRW 100 million shall revert to the Plaintiff, and all taxes incurred due to the alteration of the use of the object shall be borne by the Defendant B.”
(hereinafter referred to as the “instant arrangement”) C.
On April 30, 2007, the Plaintiff received KRW 100 million from Defendant B in accordance with the instant agreement, and registered the creation of the right to collateral security (hereinafter “instant right to collateral security”) such as the description of the purport of the claim in the principal lawsuit, with respect to the instant commercial building as the maximum debt amount of KRW 100 million and the mortgagee B.
Defendant B’s change the use of the instant commercial building from “a reporter” to “a general restaurant or a bath.”