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(영문) 인천지방법원 부천지원 2017.01.20 2015가합2316
임대료등
Text

1. The Defendant’s KRW 465,616,579 for the Plaintiff and KRW 5% per annum from October 28, 2016 to January 20, 2017.

Reasons

1. Basic facts

A. (1) Around December 2002, the Plaintiff and the Defendant entered into a partnership business agreement with the Plaintiff and the Defendant, and the Defendant’s ownership transfer registration, etc., (1) together with one-half of the purchase price, and jointly purchase the real estate listed in the separate sheet from C (hereinafter “instant real estate”). The registration of ownership transfer is completed in the name of the Defendant, and (2) KRW 450 million, out of the purchase price, is paid by borrowing the instant real estate as collateral, and the principal and interest of the instant real estate shall be paid in two equal installmentss, and (3) the profits and expenses incurred from the instant real estate shall be divided or borne in two equal parts (hereinafter “instant partnership business agreement”).

(2) Under the instant business agreement, the Defendant completed the registration of creation of a neighboring mortgage with respect to the instant real estate on January 29, 2003 as the maximum debt amount of KRW 540 million, the Defendant, the Defendant, and the mortgagee Co., Ltd. (hereinafter “Korea Bank”), and took out loans of KRW 450 million from our bank, and paid KRW 450 million to C around that time. ② The Plaintiff and the Defendant repaid KRW 50 million out of the above loans to our bank from February 4, 2004 to May 3, 2004.

(3) On February 2, 2004, the Defendant registered as a real estate rental business and completed the registration of ownership transfer on the instant real estate under the name of the Defendant on February 6, 2004, and thereafter leased the instant real estate from around that time to September 9, 2015, including lease deposit of KRW 100 million, monthly rent of KRW 5 million, and lease from September 10, 2015 to September 9, 2017.

(4) ① On August 14, 2006, the Defendant borrowed 4.4 million won from the National Bank of Korea (hereinafter “National Bank”), a Co., Ltd. (hereinafter “National Bank”). ② On the same day, the Defendant completed the registration of creation of a neighboring mortgage as the maximum debt amount of the instant real estate, the debtor, the Defendant, and the National Bank of Korea, and ③ the Defendant on August 16, 2006.

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