logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.08.17 2017가합1592
건물인도 등
Text

1. The Defendant’s KRW 258,081,153 as well as the Plaintiff’s annual rate of 5% from April 4, 2018 to August 17, 2018.

Reasons

1. Basic facts

A. On June 17, 2016, the Plaintiff entered into a lease agreement with the Defendant that leases each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff (hereinafter “instant lease agreement”) from June 30, 2016 to June 29, 2018, with the term of lease deposit KRW 200 million, monthly rent KRW 23 million, and the term of lease from June 30, 2016 to June 29, the Plaintiff entered into the following special agreement (hereinafter “the instant lease agreement”).

At the same time as the remainder payment is made, the security deposit shall be set up in the order following the Militarypo Agricultural Cooperatives (the maximum bond amount of KRW 4.68 billion), the New Savings Bank (the maximum bond amount of KRW 1.04 billion), and C (the maximum bond amount of KRW 350 million) and the Scar Savings Bank (100 million) shall be cancelled. Provisional attachment No. 43048, Jun. 15, 2016 shall be cancelled simultaneously with the remainder payment.

Of security deposit, KRW 160,000,000,000 is transferred to the lessee the claim of the mortgagee C.

(Supplementary Registration of Partial Transfer of Collateral Security) (2) 40 million won shall be accepted by the lessee directly.

The lessor shall organize personnel expenses, laundry and fixtures, and the lessee shall adjust the scheduled value-added taxes, public charges (gas, electricity, water supply), and settle accounts after deducting from the monthly rent.

Any balance of occupancy shall be July 1, 2016.

B. On June 28, 2016, the Plaintiff concluded a special agreement with the Defendant as follows (hereinafter “special agreement with the Defendant as of June 28, 2016”). On July 1, 2016, the Plaintiff received KRW 160 million, excluding KRW 40 million from the Defendant’s repair cost, and handed over the said real estate to the Defendant.

C. After the conclusion of the above lease agreement, the Defendant did not pay the Plaintiff a car to the Plaintiff while engaging in the telecoming business with the trade name “D” in the instant real estate.

Since then, upon the application of the mortgagee C, the same court F and G following the procedure of voluntary auction commenced on August 18, 2016 to the High Government District Court Goyang support E, which was commenced on August 18, 2016.

arrow