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1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 400,000,000 won shall be applied to the plaintiff.
Reasons
1. Basic facts
A. The Defendant is the owner of the real estate listed in the separate sheet (hereinafter “instant house”).
On December 12, 2014, regarding the instant house, the registration of creation of the right to collateral security (hereinafter “mortgage”) was completed with respect to the instant house by the maximum debt amount of KRW 676,800,000, and by the debtor, the Defendant, and the Central Agricultural Cooperative of the said State.
B. On May 20, 2016, the Plaintiff concluded a lease agreement with the Defendant on the condition that one of the instant housing units is leased at KRW 300,000,000 (contract amounting to KRW 30,000,000, the remainder of KRW 270,000,000) and the lease term of KRW 2 years from July 29, 2016 to July 28, 2018 (hereinafter referred to as “first agreement”), the Plaintiff agreed to register the reduction of the maximum debt amount of the instant mortgage after the Defendant repaid KRW 100,00 out of the secured debt of the instant mortgage.
C. After that, the Plaintiff entered into a lease agreement with the Defendant, setting the entire housing of this case as KRW 500,000,000 (a contract amount of KRW 30,000,000, the remainder of KRW 470,000,00) with respect to the said lease agreement (hereinafter “second agreement”), and the Defendant registered the reduction of the maximum debt amount of the instant right to collateral security at the time of the Plaintiff’s payment of the remainder of the lease deposit as stipulated under the special agreement, and set the contract preparation for the remainder of the lease deposit at the time of payment of the remainder of the lease deposit.
After that, the following lease contract (hereinafter referred to as "third contract") was prepared:
In the third contract, each seal of the original defendant is affixed to the third contract, and the plaintiff obtained a fixed date in the third contract on July 25, 2016.
Part to be leased: Article 1 of the entire Housing of this case / [Purpose] Deposit: 30,000,000 won (payment at the time of a contract and receipt at the time of a contract): Article 2 of the remaining amount of KRW 370,000,000 (payment on July 29, 2016) / [Period of existence] from July 29, 2016 to July 28, 2018 (special agreement) / [Period of existence]
3. The payment of any balance of the right to collateral security (150,000,000) shall be made.