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(영문) 서울북부지방법원 2019.04.19 2018가단133325
예치금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 42,985,00 and the interest rate of KRW 15% per annum from October 12, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant is a cooperative with the approval of establishment on September 4, 2008 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of the housing reconstruction rearrangement project in Jung-gu Seoul Metropolitan Government.

B. The Plaintiff, the owner of the building of 435.9 square meters and the 5th floor thereof located within the said project implementation district (hereinafter “instant real estate”). On February 26, 2014, the Plaintiff, among the instant real estate, leased the first floor of the instant real estate as KRW 30,000,000, monthly rent 3,025,000 (including additional tax: Provided, That from March 16, 2015, KRW 3,300,000, monthly rent 16, and KRW 16,000) (including additional tax, KRW 25,00,000, monthly rent 1,430, monthly rent 1,430,000 (including additional tax, KRW 25,00,000, KRW 25,205, June 10, 2015).

C. After that, on January 15, 2016, the Plaintiff agreed to sell the instant real estate to the Defendant for KRW 3,956,719,120, and concluded a special agreement with the Plaintiff to deposit the remainder calculated as of April 27, 2016, which is the remainder payment date, with the Defendant, with the payment of the remainder from the Defendant on April 27, 2016, the Plaintiff deposited the full amount of KRW 30,000,000, and KRW 25,000,000, respectively.

On the other hand, E and F have failed to pay each of the amounts indicated below among the rents to be paid to the Plaintiff by April 27, 2016.

(See Evidence A 6). In short, E 17,985,000 won (=3,025,000 won-2,860,000 won) : 165,000 won (i.e., 3,025,000 won-2,860,000 won) based on the calculation of arrears in name: 3,300,000 won:

4. Unpaid amount: 13,200,000 won (=3,300,000 won x 4 months) from April 15, 2016 to 27: 1,320,000 won (=3,300,000 won x 12/30) F 27,698,800 won from December 2014 to April 2016; 3,38,800 won in arrears from December 24, 2014 to April 2016; 1; 5-1; 2; 6; 1; 2; 2; 1; 2; 2; 2; 2; 3,800 won in arrears from December 2014 to April 2016; and the purport of the whole pleadings;

2. According to the above facts of determination as to the cause of the claim, the Plaintiff on April 2016.

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