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1.The judgment of the first instance shall be modified as follows:
The defendant is paid KRW 170 million from the plaintiff.
Reasons
1. Basic facts
A. Nonparty B Co., Ltd. (hereinafter “B”) was the executor of the construction of the Daejeon Building Co., Ltd., and completed the registration of preservation of ownership on the real estate stated in the attached Form (hereinafter “instant real estate”) on March 9, 2007. On the same day, the registration of ownership was changed to “one asset trust for a stock company” (the trade name was changed to “one asset trust for a stock company”; hereinafter “the third party trust company”) and completed the registration of ownership transfer on the ground of trust in the future of the Nonparty trust company.
B. On March 16, 2009, the Defendant entered into a lease agreement with B to lease the instant real estate (hereinafter “instant lease agreement”) with the loan claim against B as a deposit for lease, setting the lease deposit amount of KRW 170 million from March 16, 2009 to March 15, 2010. On March 17, 2009, the Defendant transferred KRW 150 million from B minus the pre-paid interest from KRW 170 million to KRW 20 million from B.
C. B, around April 9, 2012, decided to transfer the ownership of the instant real estate to the Plaintiff as a substitute for payment in kind for the Plaintiff’s obligation, including construction cost, to the Plaintiff. Accordingly, after completing the registration of ownership transfer due to the reversion of trust property in B in the future, B completed the registration of ownership transfer due to payment in kind in the future of the Plaintiff.
On April 10, 2012, the Plaintiff completed the registration of ownership transfer based on the trust regarding the instant real estate in the future of the non-party trust company. On May 9, 2014, the Plaintiff completed the registration of ownership transfer based on the trust property attribution.
E. The Defendant occupied the instant real estate at the time of entering into the instant lease agreement, completed the move-in report on March 23, 2009, and thereafter up to the present time.