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(영문) 서울중앙지방법원 2019.10.17 2019가합511623

기타(금전)

Text

1. The defendant shall be the plaintiff.

(a) receive the District Court on April 14, 2017 with respect to each real estate listed in Appendix 1.

Reasons

1. Basic facts

A. The Plaintiff is a co-owner of each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”).

On March 22, 2017, the original Defendant concluded a lease agreement with the Plaintiff to rent the instant real estate from the Plaintiff (hereinafter “instant lease agreement”). At that time, the Defendant paid KRW 400,000 to the Plaintiff KRW 400,000,000, and thereafter, transferred the instant real estate from the Plaintiff, and operated accommodation facilities at a place.

From April 3, 2017 to April 2, 2019, deposit 400,000, and deposit 21,500,000,000 won (excluding value-added tax) for all management expenses to be paid by the defendant to the defendant - In the following cases, the defendant shall collect the amount calculated by adding the amount calculated by 2% per month to the plaintiff, - if the rent and all management expenses are unpaid for at least three months, and the amount is automatically terminated without a separate peremptory notice if the rent and all management expenses are unpaid for at least three months:

B. At the time, the Plaintiff set up and set up a collateral security to secure the Defendant’s return of the deposit, and the Plaintiff completed the registration of establishment of a neighboring mortgage (400,000,000 won) on April 14, 2017 by the Government Registry of the Jung-gu District Court’s District Court (No. 33118) with respect to the instant real estate.

(hereinafter “instant collateral security”). C.

From December 2017, the Defendant did not pay the Plaintiff rent, road user fee, and charges for causing traffic congestion under the instant lease agreement.

(Total. 444,436,411 Won). 2. Parties’ claims

A. Until April 2, 2019, the Plaintiff’s instant lease agreement terminated, the sum of overdue rent, etc. (44,436,411 won) exceeds KRW 400,000,000. As such, the secured claim of the instant right to collateral security was deducted and terminated on the said date.

The defendant cancelled the right to collateral security of this case to the plaintiff, and 44,436,411 won, including the overdue rent remaining after deducting the deposit, = 444,436,411 won - 400.