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Reasons
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(영문) 부산지방법원 2016.06.30 2016가단308506
공탁금출급청구권확인의소
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1. Regarding KRW 146,926,787 deposited by Changwon District Court No. 177 on January 13, 2016 by D, E, F, and G on January 13, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 1, 2014, B entered into a lease agreement between the Plaintiff and B with D, E, F, and G (hereinafter “Lease”) on the condition that the instant commercial building was leased between KRW 200 million, monthly rent 9,300,000 (excluding value-added tax), and the period from November 8, 2014 to November 7, 2017. On November 7, 2014, B entered into a lease agreement on the instant commercial building by setting the deposit amount of KRW 20 million, monthly rent 9,300,000 (hereinafter “the instant commercial building”). From November 8, 2014 to November 7, 2017, the instant commercial building was registered as lease on a deposit basis (hereinafter “the instant registered lease”).

(2) Meanwhile, on June 16, 2015, B entered into a quasi-loan agreement with the Plaintiff on the same day, stating that, from April 14, 2013 to May 12, 2014, the sum of KRW 1.6 billion borrowed from the Plaintiff shall be repaid to June 17, 2018, and interest shall be 24% per annum, and damages for delay shall be 25% per annum, and a notary public set up and issued a notarial deed as 171 in the J-Dong Office 2015.

(3) On July 8, 2015, B entered into a contract for the transfer of chonsegwon and the transfer of lease deposit money claims (hereinafter “instant transfer contract”) with the Plaintiff on the pretext of repayment of the obligation of KRW 1.6 billion, and between the Plaintiff and the Plaintiff, and notified the lessor of the fact. This notification was served on the lessor on July 14, 2015.

(4) Accordingly, on August 29, 2015, the Plaintiff began to operate the instant business entity directly, where the Plaintiff entered into a lease agreement with the lessor on the same terms as the existing lease agreement with the lessor.

B. (1) However, the Plaintiff’s business owner on October 31, 2015.

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