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1. The Defendant’s KRW 20,525,094 for the Plaintiff and KRW 5% per annum from January 20, 2015 to January 8, 2016.
Reasons
1. Facts recognized;
A. On January 27, 2010, the Plaintiff entered into a lease agreement with the Defendant, a licensed real estate agent, with a deposit of KRW 85 million (the contract amount of KRW 8.5 million shall be paid at the time of the contract, the balance of KRW 7,65 million shall be paid on February 27, 2010) and the period from February 27, 2010 to February 26, 2012 (hereinafter “instant lease agreement”).
B. At the time of the conclusion of the instant lease agreement, the establishment registration of a neighboring mortgage was completed with the creditor Jung-up Agricultural Cooperative, the maximum debt amount of 222 million won, and the Plaintiff and C agreed to the effect that “The lessor shall pay the remainder of the principal amount of the said collateral and pay the remainder at the time of the payment of the remainder (hereinafter “instant special agreement”).
C. On January 27, 2010, the Plaintiff paid KRW 8.5 million to C, and KRW 35 million, out of the remainder on February 24, 2010, the Plaintiff paid KRW 35 million to the new bank (the Plaintiff received a loan from the new bank on October 24, 2010, and the said money was directly transferred from the new bank to C’s account), and paid KRW 41.5 million to each of C on February 27, 2010. On February 27, 2010, the instant apartment was received to receive the instant apartment on February 27, 2010, and obtained the fixed date on February 1, 2010.
However, in violation of the instant special agreement, C did not repay the above collateral obligation.
E. After the commencement of the voluntary auction procedure for the apartment of this case upon the application of the Jung-Eup Agricultural Cooperative, Incheon District Court E. In the above auction procedure, the Plaintiff reported the right to the deposit under the lease agreement of this case and demanded the distribution thereof. However, on January 30, 2015, on the date of distribution, the distribution schedule was prepared to distribute the amount of KRW 191,64,158 out of the amount of credit of KRW 205,331,422 (principal KRW 185,500,31,422) to the Jung-Eup Agricultural Cooperative, which is the creditor of the said lease agreement of this case, and the Plaintiff was not fully distributed.
[Ground of recognition] There is no dispute.