beta
Text
1. The Plaintiff:
A. Defendant B’s KRW 45,00,000 and for this, KRW 20% per annum from July 7, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On July 4, 2013, the Plaintiff entered into a lease agreement between Defendant B and the Defendant B with respect to Down-gun 102 Dong 301 (hereinafter “instant real estate”) with a deposit of KRW 45 million and the term of lease from July 10, 2013 to July 9, 2015 (hereinafter “instant lease agreement”), and paid the down payment of KRW 5 million to Defendant B’s E’s account designated by Defendant B.
B. The Plaintiff need to obtain a loan of the deposit for the remainder of the deposit under the instant lease agreement. However, as the instant real estate had priority in collateral security, and thus, it was impossible to obtain a loan of the deposit, Defendant B issued a lease agreement under the name of Defendant C, which is the period from July 10, 2013, with regard to the Defendant C’s Doll loan No. 102, 102, Defendant C, a Dong-dong, issued a deposit of KRW 50 million, and the term of lease from July 10, 2013 to 24 months.
C. On July 12, 2013, the Plaintiff submitted a fixed date to a financial institution after obtaining a lease agreement under the above name C, and deposited KRW 35 million with the account under Defendant C’s name on July 12, 2013. On August 6, 2013, the Plaintiff deposited KRW 5 million with the account under the name of Defendant C, and received the instant real estate from Defendant B.
In accordance with the application for voluntary auction by the Egye Credit Cooperatives, a senior mortgagee, the auction procedure was initiated with F. The plaintiff filed a report on the right and filed an application for demand for distribution, but delivered the instant real estate to G successful bidder without receiving dividends.
[Ground of Recognition] A: In the absence of dispute against Defendant B, entry of Evidence Nos. 1-1, 3, 2-1, 2-2, and 3-6, and the whole purport of pleading as to Defendant C: Confession (Article 150 of the Civil Procedure Act)
2. Determination
A. According to the facts of the above recognition as to the claim against Defendant B, Defendant B shall be entitled to the lease deposit to the Plaintiff upon the termination of the instant lease agreement.