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Reasons
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(영문) 인천지방법원부천지원 2016.05.04 2015가합457 (1)
추심금
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1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On April 14, 2008, Defendant B entered into a lease agreement with Defendant C on the instant real estate and the registration of housing lease (hereinafter “instant lease agreement”) with the terms that Defendant C would lease the instant real estate by setting the lease deposit amount of KRW 130,000,000, monthly rent of KRW 450,000, and the lease term of KRW 450,000, from April 14, 2008 to February 28, 2009 (hereinafter “instant lease agreement”).

(2) On April 5, 2013, Defendant B filed an application for the order of lease registration with the Incheon District Court Branch of 2013Kaga297, Apr. 8, 2013, and completed the registration of a housing lease on April 29, 2013, the lease deposit amount of KRW 120,000, monthly rent of KRW 400,000, and the lease deposit amount of KRW 400,00 with respect to the instant real estate by the lessee B.

B. On April 5, 2010, Defendant C filed a lawsuit against Defendant B on April 5, 2010, including the name map of the building in relation to the instant real estate under the Incheon District Court Branch Decision 2010Kadan11752. On August 10, 2010, the following decision of recommending reconciliation was finalized among the Defendants:

On August 31, 2010, upon the arrival of August 31, 2010:

A. Defendant B received from Defendant C the remainder of money calculated by deducting the amount calculated at the rate of KRW 400,000 per month from January 1, 2010 to the completion date of delivery of the instant real estate from KRW 118,00,000, and simultaneously delivers the instant real estate to Defendant C;

B. Defendant C shall pay 18,00,000 won from January 1, 201 to the completion date of delivery of the instant real estate at the same time after deducting the money calculated by the rate of KRW 400,000 per month from January 1, 201 to the date of delivery of the instant real estate.

C. On September 15, 2014, Defendant B’s promissory notes worth KRW 250,000,000 in face value to the Plaintiff regarding D bound Housing Reconstruction Project, with respect to the seizure and collection order against Defendant B’s lease deposit.

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