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1. The defendant's executive force against the plaintiff in Seoul Eastern District Court 2006Ka5605 dated April 28, 2006 on the refund of deposit for lease on a deposit basis.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the 2nd floor 233 through 249, 301, 302, 306, 307, 313 through 321, 323 (hereinafter “part 1”) and 332 through 340 (hereinafter “part 2 store of this case”) among the buildings indicated in the attached list. The Plaintiff is the owner of the 3rd floor 301, 302, 306, 307, 313 through 321, and 332 through 340 (hereinafter “the 2nd unit”).
B. (1) On October 12, 1994, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with the Defendant for a part of the store of this case as of October 11, 1997, with the term of 1,284,938,00 won, and the term of 1,284,938,00 won. As to a part of the store of this case, the registration of the establishment of a right to lease on a deposit basis for the contract to establish a right to lease on a deposit basis was completed as of March 27, 1995 by the Seoul Dong-dong District Court,
(2) On March 21, 1996, the Defendant concluded a modified contract to increase the deposit amount to KRW 1,318,089,000 for the deposit money, and entered into the said modified contract with the above registry office No. 45741 on April 18, 1996 for some of the stores of this case, and entered into a renewed contract to change the deposit amount to KRW 1,365,672,00 for the deposit money on April 7, 1997, and entered into a renewed contract to change the deposit amount to KRW 1,365,672,00 for some of the stores of this case and entered into a supplementary registration of the change of the deposit amount to KRW 24072 on April 8, 1997.
C. (1) On March 21, 1996, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with the Defendant to the end of October 11, 1997 for a part of the two stores of this case. As to the two stores of this case, the Plaintiff registered the establishment of a right to lease on a deposit basis for the reasons of the contract to lease on a deposit basis with the Seoul East Eastern District Court No. 45742, Apr. 18, 1996.
(2) On April 7, 1997, the Defendant concluded a contract to change the lease on a deposit basis to KRW 80,734,000, and concluded a contract to change the lease on a deposit basis to KRW 80,734,000 for some of the two stores of this case, which was subject to additional registration of the lease on a deposit basis under the above change contract as of April 8, 1997.