(영문) 대구지방법원 2017.10.13 2017가단4857

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(영문) 대구지방법원 2017.10.13 2017가단4857

임대차보증금등

Text

1. The defendant shall pay 30,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On June 23, 2014, the Plaintiff entered into a lease agreement with Nonparty C and Daegu-gu D (hereinafter “instant land”) with respect to the second floor of KRW 50.94 square meters of lease deposit with respect to the second floor of KRW 30,000,000 and the term of lease from June 23, 2014 to June 23, 2016 (hereinafter “instant lease agreement”).

B. On October 1, 2010, the Plaintiff entered into a lease agreement with C and the instant housing first floor with a deposit of KRW 20,000,000,000, and transferred KRW 20,000 to C on the same day. On November 22, 2010, the Plaintiff received KRW 2,000,000 from C and transferred KRW 3,00,000 to E on October 30, 202. On June 23, 2014, the date of the instant lease agreement, the Plaintiff transferred KRW 1,00,000 from C and transferred KRW 10,00,000 to the said E.

C. C filed a lawsuit against the Defendant, including divorce and consolation money, with the Daegu Family Court No. 2014ddan101844, and on September 1, 2014, conciliation of the following was concluded:

(hereinafter referred to as the “Plaintiff” and “A” under the instant conciliation protocol are divorced on 1.C and the Defendant are divorced.

2. C and the defendant shall divide the property as follows:

1) C shall implement the procedure for the registration of ownership transfer with respect to the land and housing of this case to the Defendant.

A. (1) The obligation to return the lease deposit with respect to the real estate mentioned in paragraph (1) and the obligation to obtain the collateral (FF cooperatives of the mortgagee) established with respect to the said real estate as well as the obligation to return the lease deposit with respect to the real estate mentioned in paragraph (30,000 won.

The repayment obligation of the above lease deposit and the method of taking over the secured obligation shall be taken over by way of changing the name of the debtor or the lessor through a three-dimensional contract between the plaintiff, the F cooperative, C, and the defendant, who is the creditor. If the three-dimensional contract cannot be concluded due to the circumstances of the plaintiff or F cooperative, the defendant shall be the above

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