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Reasons
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(영문) 광주지방법원 2015.04.02 2014가합52638
토지인도 등
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1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 2,206,50,000 from the Plaintiff and each entry in the separate sheet.

Reasons

1. Basic facts

A. On December 26, 2002, the Defendant leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from B from December 26, 2002 by setting the lease deposit amount of KRW 800,000,000, monthly rent of KRW 15,000,000, and the lease term from January 6, 2003 to January 5, 2008.

On January 5, 2005, the lease deposit was changed to KRW 706,50,000, and KRW 12,000,000 per month, and thereafter on January 2008, the lease deposit was changed to KRW 19,50,00 per month, and the lease deposit was changed to January 6, 2008 from January 6, 2008 to January 5, 201, while the lease deposit was changed to KRW 32,00,00 per month, and the lease deposit was changed to February 28, 2014, and the lease deposit was changed to KRW 32,00,00 per month, and from January 6, 2011 to February 28, 2014, and the lease deposit was changed to KRW 19,50,000,000,000 for KRW 30,01,000,000.

(hereinafter “instant lease agreement.” The Defendant is running a funeral hall with the trade name “C” so far from the instant real estate.

B. In order to secure the obligation to refund the lease deposit to the Defendant under the instant lease agreement (hereinafter “the obligation to refund the lease deposit of this case”), B completed the registration of creation of a neighboring mortgage of KRW 700,000 on August 12, 2005 under the name of the Defendant (hereinafter “the first collateral mortgage”) and the registration of establishment of a neighboring mortgage of KRW 1,50,000 on February 28, 2014 (hereinafter “the second collateral mortgage”) with respect to the real property indicated in the attached list Nos. 1 and (3) in the name of the Defendant.

C. Upon termination of the instant lease agreement between the Plaintiff and the Defendant B, the Plaintiff, as the premise of leasing the instant real estate from B to operate the funeral hall, was the sum of KRW 1.5 billion on December 26, 2012, and KRW 2.5 billion on May 15, 2013.

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