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(영문) 울산지방법원 2018.01.16 2017가단59408
임대차보증금
Text

1. The Defendant’s KRW 15 million to the Plaintiff, as well as 5% per annum from June 11, 2012 to January 16, 2018.

Reasons

1. Facts of recognition;

A. The nominal owner of the C large 497 square meters (hereinafter “instant land”) and the 5th floor of reinforced concrete hub roof (hereinafter “instant building”) on the instant land in Gyeyang-si, Yangsan-si, and the actual owner was in a title trust relationship with F.

B. On April 10, 2012, the Plaintiff prepared a lease agreement with F (the nominal owner in the contract is E) on the content of a deposit of KRW 15 million with respect to the instant land and building.

The above contract contains a special agreement that sets up a right to collateral security and includes all the goodwill and operating expenses, but was prepared to secure the F’s obligation to borrow the principal and interest of KRW 15 million against the Plaintiff (hereinafter “the obligation to borrow the loan”).

(B) (A) On April 10, 2012, F borrowed KRW 15 million from the Plaintiff, including interest of KRW 30 million, and paid KRW 15 million until June 10, 2012, and F written out and delivered the said lease agreement with an investigative agency to the effect that: (a) the instant right to collateral security was established and the said lease agreement was prepared and issued.

On April 10, 2012, the Plaintiff created the right to collateral security (hereinafter “instant right to collateral security”) which is the obligor, E, and the Plaintiff, as the joint collateral, with the instant land and building as the joint collateral. D.

Around March 8, 2012, the Defendant entered into a lease agreement with F to rent Hemoel, which is the G ground accommodation, to KRW 300,000,000, and paid the said deposit to F. However, there was a dispute over the failure to deliver the above Hemoel from F. However, in relation to the return of the said deposit amount of KRW 300,000,000, the ownership of the instant land and building was transferred.

E. Accordingly, the Defendant between F and F on April 24, 2012 (the name of E in a sales contract and the name of F in a sales contract is indicated as a seller’s agent) shall be KRW 1.437 billion in the purchase price of the instant land and buildings.

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