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(영문) 서울남부지방법원 2015.01.16 2014가단228659
추심금
Text

1. The Defendant’s KRW 267,253 as well as the Plaintiff’s annual rate from September 12, 2014 to January 16, 2015, and the following.

Reasons

1. Basic facts

A. Nonparty C and the Defendant’s lease relationship, etc. (1) around October 201, 201, the Defendant owned by Nonparty C of Gangseo-gu Seoul Metropolitan Government No. 101, No. 101, No. 102, No. 107, and No. 108 (hereinafter “each real estate of this case”).

) The lease deposit is KRW 20 million, KRW 8 million per month, and the lease term is from October 17, 201 to October 16, 2013 (hereinafter “instant lease contract”). (hereinafter “instant lease”).

(2) In order to secure the right to refund the lease deposit against C, the Defendant registered the establishment of each of the instant real estate with the maximum debt amount of KRW 50 million on November 7, 201, and the maximum debt amount of KRW 200 million on November 15, 2012, and again registered the provisional registration of the right to claim the transfer of ownership on November 30, 2012.

At the time, the Defendant and C agreed that all of the establishment registration and the provisional registration costs of the establishment registration of the neighboring area as of November 15, 2012 shall be borne by C.

3) From November 15, 201 to July 14, 2014, the Defendant paid C totaling KRW 227,945,250 under the name of rent under the instant lease agreement, as indicated in the attached Table on the details of repayment of rent, and paid KRW 4,454,50 (i.e., expenses for establishing a right to collateral security (= KRW 3,406,00 for provisional registration of KRW 1,048,50) to each registration cost borne by C under the said paragraph (2). Upon C’s request, the Defendant paid KRW 65,63,015,000 in lieu of paying rent to C from November 1, 2013 to July 10, 2014.

4) After that, the Defendant purchased each of the instant real estate from C on August 13, 2014 and completed the registration of ownership transfer. (B) The Plaintiff filed a lawsuit against the Plaintiff for the loan claim claim against Suwon District Court Decision 2013Da26241, Jun. 19, 2013, the Plaintiff filed a lawsuit against the Plaintiff for the loan claim under Suwon District Court Decision 201Da26241.

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