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1. The Defendant: (a) from October 1, 2015, the first floor among the Plaintiff’s 44,600,000, to the 77.80 square meters of the 1st floor among the land buildings located in Yeongdeungpo-gu, Young-gu, Young-gu, Young-si; and
Reasons
1. Facts of recognition;
A. On March 28, 2005, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit amount of KRW 50 million, monthly rent of KRW 2,500,000,000,000,000,000,000,000,000,000 won, and the period of lease from April 28, 2005 to April 28, 2007, with respect to the first and second floors (1st floor, approximately 7.80,000 square meters, 2nd floor, 77.80 square meters, 2nd floor, the Plaintiff owned by the Plaintiff (hereinafter “instant building”). The Defendant was transferred the instant building and operated a bank in the name of “D”.
B. During that period, Nonparty E, the Plaintiff’s obligee, was Suwon District Court 2010 Taga30105, and the Plaintiff, the Defendant, the garnishee, the Defendant, and the claim amount of KRW 295,278,027, which was the monthly rent to be paid by the Defendant to the Plaintiff under the instant lease agreement, applied for a seizure and collection order against the amount of the above claim until it was paid by the Defendant, and received a decision to accept it on December 21, 2010 from the above court. The above decision was served on the Defendant on December 23, 201.
C. However, the Plaintiff himself/herself takes all responsibility, and requested the Plaintiff to newly prepare a lease contract under his/her own name and deposit the monthly rent into the account in his/her wife’s name. The Defendant, from December 28, 2010 to May 2012, transferred KRW 40,800,000 (2.5 million per month from December 2, 201 to March 201, and 22,00,000 won per month from April 28, 201 to May 2012) to the account of Nonparty F, the Plaintiff’s wife, from April 28, 2011, completed the lease deposit from the F and the Defendant with respect to the building of this case from December 28, 201 to May 28, 2011 to April 203, 203.
Meanwhile, in order for the Defendant to not pay the above collection amount to E, the Defendant filed a claim against the Defendant for the collection amount of Suwon District Court 2012Da11835 (the claim for payment of KRW 35 million calculated as KRW 2.5 million each month for 14 months from December 1, 2010 to January 31, 2012).