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(영문) 청주지방법원충주지원 2017.08.08 2017가단20770
가등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 24, 2013, the Defendant: (a) indicated in the separate sheet Nos. 1, 2, 3, 4, and 1 among the three floors of real estate listed in the separate sheet No. 1, the Defendant leased each of the KRW 5,000,000, KRW 350,000, in a ship (hereinafter “instant building”) connected each other in sequence with each of the items indicated in the separate sheet No. 2 drawings No. 1, 2, 3, 4, and 1;

(hereinafter “instant lease agreement”). B.

On October 2, 2015, the Plaintiff purchased real estate listed in the separate sheet No. 1 from C on November 30, 2015, and acquired the ownership of real estate listed in the separate sheet No. 1 by completing the registration of ownership transfer, and succeeded to the lessor status of the instant lease agreement.

C. On September 12, 2016, the Defendant: (a) filed a lawsuit against the Plaintiff on September 12, 2016 (hereinafter “instant lease registration”); (b) filed a lawsuit claiming the return of the deposit money under the instant lease agreement against the Plaintiff with the Cheongju District Court Branch as the Cheongju District Court Branch Branch 2016Kau504 on the instant building; (c) filed a registration of the right to lease on September 28, 2016 (hereinafter “instant lease registration”); and (d) filed a lawsuit against the Plaintiff with the Cheongju District Court 2016Gau251 on February 8, 2017 (hereinafter “instant court 2016Gau251”) to the effect that the Plaintiff paid to the Defendant an annual interest of KRW 5,00,000 and 15% per annum from October 15, 2016 to the date of full payment. The judgment became final and conclusive as is.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is that the deposit under the instant lease agreement to be paid to the Defendant according to the said judgment is calculated at the rate of 15% per annum from October 15, 2016 to the date of full payment. From the said money, KRW 54,460 per annum is deducted from the Defendant’s damage to the instant building. The Plaintiff paid KRW 54,460 to the Defendant on February 24, 2017, and KRW 271,230, and KRW 45,540 on February 28, 2017.

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