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1. The Defendant’s KRW 68,571,671 as well as the Plaintiff’s KRW 15% per annum from February 12, 2019 to May 31, 2019.
Reasons
1. Basic facts
A. On February 6, 2014, the lease agreement (hereinafter “instant lease agreement”) written by the Plaintiff as the lessee, the Defendant, the lessor’s agent, C, the leased object is D Apartment, E, (hereinafter “instant real estate”), and the lease deposit is KRW 120 million, respectively.
B. On February 14, 2014, the Plaintiff obtained a fixed date in the instant lease agreement.
C. On July 13, 201, the Defendant completed the registration of ownership transfer with respect to the instant real estate under the Act No. 65864, which was received on July 13, 201, and owned the instant real estate as of the date of preparation of the instant lease agreement.
On April 9, 2018, the auction of real estate was commenced with F of the Incheon District Court on April 9, 2018 (hereinafter “instant auction procedure”). The Plaintiff was distributed KRW 51,428,329 to the position of the person having chonsegwon at the instant auction procedure.
[Reasons for Recognition: Each entry in Gap evidence Nos. 1 and 2, and the purport of the whole pleadings (including the contents of the real estate register submitted to this court without attaching a documentary evidence number)]
2. Determination
A. In light of the facts of the judgment as to the cause of the claim and the contents of Gap evidence Nos. 1 and 2, it is reasonable to view the defendant as the lessor of the real estate in this case, as stated in the instant lease agreement.
In addition to the fact that the amount of the Plaintiff’s claim is KRW 120 million in the distribution schedule prepared at the auction procedure of this case, the Defendant, a lessor, does not assert to the effect that the deposit under the above contract was not paid. In addition, barring any special circumstance, 68,571,671 won which the Plaintiff, a lessee, has not yet been paid to the Plaintiff, and 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, from February 12, 2019 to May 31, 2019, and the next day.