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1. The defendant's appeal is dismissed.
2. The total cost of the lawsuit after the filing of an appeal between the Plaintiff and the Defendant.
Reasons
1. Facts of recognition;
A. On October 29, 2009, the Plaintiff leased (hereinafter referred to as “instant lease agreement”) the J building K (hereinafter referred to as “instant real estate”) of the Co-Defendant B Co-Defendant B (hereinafter referred to as “B”) of the first instance trial at Changwon, with the deposit of KRW 100 million, the lease period from January 1, 2010 to December 31, 2018, and the monthly rent of KRW 6% (However, from January 1, 2010 to December 31, 2013, the maximum rent of KRW 14 million is guaranteed, and the lease amount is not exceeding KRW 18 million,00,000,000,000,000) as the registration for the establishment of chonsegwon (hereinafter referred to as “registration for the lease agreement”) of the instant lease agreement with the District Court No. 2014.28, Apr. 27, 2010 to secure the right to lease deposit under the instant lease agreement.
B. On April 27, 2012, the Plaintiff and B agreed to terminate the instant lease agreement as of April 30, 2012 (hereinafter “instant termination agreement”). On June 15, 2012, the Plaintiff and B transferred the instant real estate to L who entered into a new lease agreement with the Plaintiff on the instant real estate.
C. B, on May 10, 2012, the sum of the monthly rent and management expenses that was paid to the Plaintiff by May 10, 2012, all of which was KRW 152,374,840, but the Plaintiff agreed on August 10, 2012 to offset B’s claim for refund of lease deposit and the delayed rent, etc. (hereinafter “instant offset agreement”).
On the other hand, the co-defendant C of the first instance trial, on July 19, 2012, completed the registration of provisional seizure against chonsegwon claims on July 19, 2012, the registration of provisional seizure against chonsegwon claims on December 13, 2012, the Industrial Bank of Korea of the first instance trial completed the registration of provisional seizure against chonsegwon claims on February 13, 2013, respectively. The Defendant completed the registration of provisional seizure against chonsegwon claims on February 19, 2013.