(영문) 의정부지방법원고양지원 2016.10.28 2015가단36290

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(영문) 의정부지방법원고양지원 2016.10.28 2015가단36290

청구이의

Text

1. The defendant has the power to execute the lease deposit case against the plaintiff of the Jinyang District Court 2002 tea 4382.

Reasons

1. Basic facts

A. The Plaintiff, who entered into a lease agreement, actually owned the said real estate as the person having the provisional registration of the Chuncheon-si C2 and 3rd DoMoel (hereinafter “instant building”). However, around October 12, 2001, the Plaintiff entered into a lease agreement between the Defendant and a deposit for KRW 100,000,000, rent for the instant building, KRW 7,000,000, and the lease period from October 30 to October 30, 2003.

B. On December 28, 2001, the defendant filed an application for mediation and agreed to file an application for mediation with the Chuncheon District Court for the refund of deposit or the reduction of rent, and the E who represented the plaintiff and the F who represented the defendant on January 25, 2002 entered into the following agreements regarding the lease agreement on the building of this case (hereinafter “instant agreement”).

1. The deposit shall be KRW 150,000,000 from January 25, 2002, and the monthly rent shall be adjusted to KRW 5,500,000;

2.F, as agreed, shall pay 10,000,000 won out of the smuggling rent, at the same time as the arrangement, on the agreed date, and the remainder amount to 7,000,000 won shall be settled from the deposit in office.

3. From February 2002 to February 3, 2002, lesseeF shall not pay rent in arrears.

4. The contractual party F, who is the contractual party, shall withdraw the claim for the adjustment of the rent in progress at the same time as the contractual party.

approximates

6. The terms and conditions of this Arrangement shall be faithfully performed in accordance with the mutual trust principles, and even after the lapse of two months after the next two months, the lessor shall reduce the rent to KRW 5,00,000 per month when the lessor does not cooperate, and when the lessee does not cooperate, the lessee shall return to its original state as the present Agreement.

C. After the decision of the payment order became final and conclusive, the Defendant agreed against the Plaintiff on April 27, 2002 that when the Plaintiff leased the instant building to a third party or sold the said house to a third party, the Plaintiff would preferentially return the lease deposit amount of KRW 92,00,000,000, which remains after settlement with the creditor. However, the Plaintiff on July 2, 2002.

유사 판례

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