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1. The Defendant’s KRW 23,00,000 as well as 5% per annum from July 27, 2017 to August 16, 2018 for the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 26, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on the land and above ground (hereinafter “instant real estate”) of the Yongsan-gu Seoul Special Metropolitan City, Yongsan-gu, Busan Special Metropolitan City and KRW 230 million, and the term of lease from September 19, 2017 to September 18, 2019 (hereinafter “instant lease agreement”). The Plaintiff paid the down payment amount of KRW 23 million on the date of the contract, and paid the remainder of the deposit amount of KRW 27 million on September 19, 2017 to receive the instant real estate on the same day.
B. At the time of the conclusion of the instant lease agreement, the collective security right, each of which was set up for KRW 192,00,000 ( KRW 48 million, KRW 72,000, KRW 36,000, KRW 36 million, KRW 36,000), and the collective security right, each of which was set up for Co., Ltd., E, as to the instant real estate, in Goyang-dong-gu D real estate and joint security.
(hereinafter collectively referred to as the "mortgage of this case".
F, as a broker for the conclusion of the instant lease agreement, there was little time to say that the instant real estate and the hanok (the site area is 179 square meters as a single-story) residing by the Defendant was set up as a joint collateral. At the time of the preparation of the lease agreement, the Defendant explained that the instant real estate and the hanok residing in the Defendant was set up as a joint collateral for the instant right to collateral, but, unlike the explanation, the said D real estate as a joint collateral was actually set up as 25 square meters on the road. Unlike the description, the above D real estate, which was a joint collateral, was in fact less than the value as a collateral for the instant real estate, and the above D real estate, which was explained by F, as a joint collateral, was located in
(B) On August 7, 2012, the maximum amount of debt set up on August 7, 2012, in the case of the right to collateral security, the joint collateral was changed with the said G land.
Then, on September 15, 2017, the Plaintiff becomes aware of the foregoing circumstances, unlike the initial explanation to the Defendant, and unlike the value of the joint collateral, the maximum amount of the right to collateral is less than the value of the instant real estate.