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Reasons
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(영문) 수원지방법원 성남지원 2018.01.23 2017가합1079
전세권설정등기말소
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1. The defendant shall receive KRW 64,157,160 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

Basic Facts

On May 6, 2004, the plaintiff set up a right to lease on a deposit basis on the real estate stated in the attached list to Non-Aral Korea Co., Ltd.

On May 27, 2008, the Plaintiff has some differences in the indication of real estate subject to the real estate agreement entered in the attached list with the Defendant on May 27, 2008.

A deposit amounting to KRW 320,00,000, monthly rent of KRW 3,630,000 (including value-added tax) and the lease period from June 30, 2008 to June 29, 2010, the Defendant acquired the right to lease on a deposit basis on June 26, 2008 and completed additional registration of the right to lease on a deposit basis.

After deducting the overdue interest from the deposit to February 28, 201, the Plaintiff and the Defendant changed the said lease agreement from February 28, 2011 to February 28, 201, with the remaining security deposit of KRW 262,580,00 as security deposit, monthly rent of KRW 3,960,00 (including value-added tax), and the lease period from February 28, 201 to February 28, 2013.

(2) The Plaintiff concluded an agreement with the Defendant on July 30, 2014 (hereinafter referred to as the “instant lease agreement”) that “The Plaintiff agreed to terminate the instant lease agreement and promised to return KRW 230,000,000 to the Defendant by September 15, 2014” (hereinafter referred to as the “instant agreement”).

Accordingly, on August 30, 2014, the defendant returned the real estate stated in the attached list to the plaintiff.

On October 8, 2014, the Defendant filed an application with the Plaintiff for a payment order claiming the return of KRW 320,000,000 for the lease deposit. On October 14, 2014, a payment order was issued on October 27, 2014, and became final and conclusive on November 27, 2014.

(Y) The defendant's creditors have the right to return the lease deposit of this case against the plaintiff from January 2015, 2015.

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