(영문) 서울중앙지방법원 2017.11.03 2017가단5069720

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(영문) 서울중앙지방법원 2017.11.03 2017가단5069720

임대차보증금

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1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from March 31, 2017 to November 3, 2017.

Reasons

1. Basic facts

A. On March 27, 2017, the Plaintiff: (a) KRW 120 million deposit (hereinafter “instant deposit”); and (b) from March 31, 2017, from March 31, 2017, 2019, the period of KRW 205,000,000,000,000 owned by the Defendant (hereinafter “instant house”).

3. After entering into a contract to lease for a specified period of thirty (30) (hereinafter “instant contract”), the Defendant paid KRW 120 million (the contract amounting to KRW 12 million and the remainder KRW 18 million) to the Defendant.

B. At the time of the instant contract, the collective housing including the instant housing was set up two times the maximum debt amount of KRW 960,000,000,000, which is the Industrial Bank of Korea, the maximum debt amount of KRW 1,744,000,000,000, which is the right to collateral security (hereinafter “instant collective security”). However, the Defendant cancelled each of the instant collective security rights (hereinafter “each of the instant collective security”) by March 30, 2017, with the terms and conditions stipulated in the instant contract. If the instant contract was terminated at the time of nonperformance, the instant contract was agreed to reimburse the Plaintiff of the amount of the down payment and remainder (hereinafter “instant penalty agreement”).

C. After the conclusion of the instant contract, on March 27, 2017, the registration of compulsory commencement of auction (hereinafter “registration of entry into auction”) was completed on March 28, 2017, by compulsory commencement order (hereinafter “registration of entry into auction”) and the registration of establishment of chonsegwon (hereinafter “registration of lease on a deposit basis”) as the content of the instant contract.

The Defendant did not cancel each of the instant right to collateral security by March 30, 2017. The Plaintiff requested the Defendant to pay KRW 240 million in total, the deposit, the down payment, and the remainder. The Defendant returned KRW 120 million to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. The occurrence of payment obligation due to the breach of the instant penalty agreement is 1.

유사 판례

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