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(영문) 수원지방법원 성남지원 2018.12.11 2017가합407097
임대보증금등반환 및 사해행위취소청구
Text

1. The Defendant’s KRW 175,66,68 as well as the Plaintiff’s KRW 5% per annum from November 1, 2017 to December 11, 2018.

Reasons

1. Basic facts

A. 1) On January 9, 2014, the Plaintiff entered a lease agreement between the Plaintiff and C in the separate sheet owned by C (hereinafter “instant building”) from C, and “the instant building”.

1) Of 168 square meters (hereinafter “the leased object of this case”), the term “the leased object of this case” refers to

) The lease deposit was leased KRW 200,000, KRW 2500,000, KRW 2500,000, and the lease term was set from April 28, 201 to April 27, 2021 (hereinafter “instant lease agreement”). The said agreement between the Plaintiff and C is deemed to be “the instant lease agreement”.

(2) At the time of the conclusion of the above lease agreement, the Plaintiff received the instant leased object from C and paid C KRW 200,000,000 as a deposit for lease.

B. C’s acquisition of the obligation to dispose of the instant building and to return the lease deposit (1) C sold the instant building to the Defendant on September 1, 2017 in order to resolve the secured debt of the right to collateral security established on the instant building, the obligation to return the lease deposit to the Plaintiff, and the Defendant completed the registration of ownership transfer as to the instant building on the same day. (2) At the time of the conclusion of the said sale contract, the Defendant and C agreed with the following contents to adjust C’s obligations:

The defendant and C of the Agreement agree as follows:

C An agreement is reached as a device in excess of ownership on the condition that the defendant bears the burden of financial loans, deposits, collateral security, seizure, etc. listed in the building, the ownership of the building D and E, which are listed in the building.

The amount of transfer shall be the total amount, including the existing amount of claim and the amount of provisional seizure by the defendant, and C and the defendant shall confirm that no additional money transaction exists.

Sales contract;

3. The Plaintiff (mutual name:F) deposit amount of KRW 200,000,000 (unclaimed rents shall be collected by the Defendant, the buyer of which is the), which is not registered on the certificate of registered matters of special agreement, shall be succeeded to by the Defendant.

C. The Plaintiff’s notice of termination of the lease agreement and the Plaintiff’s delivery of the leased object of this case to C on September 19, 2017.

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