beta
Text
1. The Defendant’s KRW 31,300,000 as well as 5% per annum from June 9, 2015 to January 7, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 25, 2010, the Defendant entered into a contract to establish a right to lease on a deposit basis with C as to the real estate listed in the separate sheet No. 1 (hereinafter “the instant building”), which is one’s own possession, with C, as to the lease on a deposit basis, KRW 50 million, monthly rent of KRW 700,000,000 from April 25, 2010 to April 24, 2012. On the same day, the Defendant completed the registration of the establishment of a right to lease on a deposit basis as of May 3, 2010, which was received by the Daegu District Court No. 25376, May 3, 2010.
(hereinafter referred to as “the instant chonsegwon”). (b)
On April 24, 2012, the Defendant decided to extend the period of lease on a deposit basis with C. On April 27, 2012, the Defendant completed the registration of change of lease on a deposit basis from April 25, 2012 to April 24, 2015.
C. Meanwhile, D, the husband of C, operated the instant building from March 21, 2012 to December 201, 2013 as E’s trade name.
C and D paid a total of KRW 23.1 million to the Defendant through a bank account from April 25, 2010 to February 27, 2013, as shown in attached Table 2, through the bank account.
E. Around December 2013, the Defendant: (a) leased the instant building to Fcarf for KRW 30 million; (b) the monthly rent of KRW 800,000,000; and (c) decided the rental period from December 25, 2013 to December 24, 2013.
F. Around December 2013, the Defendant: (a) leased the instant building to FC; (b) returned KRW 11 million out of the 50 million security deposit to C; and (c) paid KRW 800,000,000 per month to C over 16 times from December 27, 2013 to March 25, 2015.
G. On April 7, 2015, the Plaintiff: (a) paid KRW 39 million to C; and (b) completed the registration of the transfer of chonsegwon on the instant building.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion was already made by C among KRW 50 million to the Plaintiff, the transferee of the right to lease on a deposit basis of this case.