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(영문) 수원지방법원성남지원 2015.07.08 2014가단31638
임대차보증금
Text

1. The Defendant’s KRW 53,135,484 as well as the Plaintiff’s annual rate from September 5, 2014 to July 8, 2015.

Reasons

1. Facts of recognition;

A. On August 30, 2010 between the Plaintiff and the Defendant, on the seven-story office (hereinafter referred to as “instant building”) from among the 7th floor offices of the land building in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon (hereinafter referred to as the “instant building”) owned by the Defendant, a lease contract was prepared, stating that deposit money is KRW 60 million in terms of security deposit, and monthly management expenses are paid KRW 200,000 in terms of the Defendant’s account on the last day of the month.

(hereinafter “instant lease contract”). B.

On September 14, 2010, the Plaintiff deposited KRW 30 million to the Defendant respectively, and KRW 20 million on September 15, 2010.

C. As to the instant building on September 30, 2010, the Plaintiff was registered for the establishment of chonsegwon on the ground that the lease on a deposit basis was based on the lease on a deposit basis as of August 30, 2010, the entire 60 million won, the scope of 7 floors, the duration from August 30, 2010 to August 29, 2012, and the registration of the establishment of chonsegwon was cancelled on the ground that the lease on a deposit basis was terminated on April 18, 201.

On the other hand, on April 18, 2011, the establishment registration of the mortgage promotion savings bank, the maximum debt amount of KRW 54 billion was completed with respect to the building of this case.

On June 20, 2012, at the request of the Promotion Savings Bank Co., Ltd., which is a mortgagee, the building of this case, the voluntary auction was commenced in Incheon District Court E. On November 30, 2012. On November 30, 2012, the voluntary auction was commenced to F. The building of this case was sold to G on July 10, 2013 in the above auction procedure.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The former lessee, H, a former lessee, set the 7th floor office of the instant building as KRW 35 million and KRW 1.2 million per month.

B. The Plaintiff entered into a lease contract with the Defendant on a deposit basis of KRW 60 million with respect to the 7th floor office of the instant building, and H, a former lessee, the H.

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