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(영문) 서울동부지방법원 2021.01.14 2020가단114116
약정금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 11, 2017, D, the Plaintiff’s spouse, leased approximately KRW 54.15 square meters of the first floor room in Seongdong-gu Seoul, Seongdong-gu, Seoul (hereinafter “instant building”) from Defendant E-based (hereinafter “instant building”) with each of the leased deposits of KRW 74 million, monthly rent of KRW 400,000,000, and the period of lease from February 20, 2017 to February 19, 2019 (hereinafter “instant lease”). At that time, D paid the said lease deposit to the Defendants.

The Defendants completed on February 23, 2017 the registration of the establishment of the right to collateral security in D with the maximum amount of KRW 74 million for the instant building, the debtor, the Defendants, and the collateral security holders D with respect to the instant building.

B. On March 11, 2017, the Defendants drafted and associate with D with the following confirmation document (hereinafter “instant confirmation document”).

I confirm that the real estate contract is confirmed to pay land million won to D contractor other than D contractor on the completion date of A's thickness contract, and that the remaining KRW 00 million will be paid to D contractor.

A lessor B and C lessee D on March 11, 2017

C. On May 10, 2017, D and the Defendants entered into a modified contract with the effect that the lease deposit of the instant lease agreement would be increased by KRW 85 million, but the said deposit would be reduced by KRW 300,000 per month.

The Defendants completed on May 16, 2017 the registration of additional collateral security establishment of the maximum amount of KRW 11 million with respect to the instant building with respect to KRW 11,00,000,000 for the increase of the deposit for the lease that was paid from D.

(d)

After January 2019, the instant building was decided to be expropriated in Seoul Special Metropolitan City, Seoul. On January 22, 2019, a letter of agreement on the direct payment of compensation between D and Defendant B, Seoul Special Metropolitan City, and F, etc. on January 22, 2019 was prepared.

After that, the Seoul Special Metropolitan City transferred compensation of KRW 85 million to the G association account in the name of D as stated in the above agreement.

E. Therefore, February 22, 2019.

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