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1. The Plaintiff:
A. Defendant B shall be KRW 155,304,312 and the interest rate of KRW 20% per annum from June 18, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. On October 24, 2010, the Plaintiff entered into a contract with Defendant B and Kunpo-si to lease (hereinafter “instant apartment”) by setting the lease deposit of KRW 270 million and the term of the contract from November 19, 2010 to November 18, 2012 (24 months).
(hereinafter “instant lease agreement”). Defendant D mediated the instant lease agreement for the Plaintiff.
B. The apartment of this case was unregistered at the time of entering into the instant lease contract as a reconstruction apartment. Defendant C and Defendant D, the husband of Defendant B and Defendant B, explained to the Plaintiff that they had a debt equivalent to KRW 300 million against the new bank that made the debtor as the security of the apartment of this case, and requested the Plaintiff to re-transfer the lessee’s domicile on the resident registration of the new bank to another place in order to set the priority order after the preservation of ownership of the apartment of this case, for the establishment of the right to collateral security of the new bank.
The Plaintiff consented to the instant lease agreement, stating that “The lease contract on a deposit basis with the actual loan amount of KRW 300 million is a lease contract for a new bank loan, and the lessee cooperates with the lessor’s loan.”
C. Around December 14, 2010, the Plaintiff moved into the instant apartment and made a move-in report, but transferred the resident registration address to another place on or around January 10, 201 according to the said special agreement. Around January 26, 2011, the Plaintiff re-transfered the instant apartment to the instant apartment again.
On December 20, 2010, the registration of initial ownership was completed with respect to the apartment of this case. On the same day, the registration of initial establishment of the first priority of KRW 228,000,000 for the maximum debt amount is completed under the name of new bank, and the registration of establishment of the second priority of KRW 114,000,000 for the maximum debt amount is completed under the name of New Capital Capital Co., Ltd., and on December 21, 2010, the registration of establishment of the second priority of KRW 60,000 for the maximum debt amount (50,000,000 won) is completed.