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1. The defendant shall receive KRW 60,000,000 from the plaintiff and at the same time enter the list of the attached real estate in the plaintiff.
Reasons
1. Basic facts
A. The instant lease contract 1) C between the Defendant and C is a real estate indicated in the separate sheet of real estate owned by the Defendant on July 9, 2013 (hereinafter “instant building”).
As to the Defendant’s rental deposit and the rental deposit amounting to KRW 60 million, KRW 2.7 million per month of rent (excluding value-added tax and management expenses), and the lease agreement is concluded between August 9, 2013 and August 8, 2015 (hereinafter “instant lease agreement”).
(2) The Defendant paid deposit of KRW 60 million to C by August 9, 2013 under the above lease agreement, and completed business registration and operated a restaurant under the name of “D”.
B. On December 12, 2013, the Plaintiff concluded a sales contract between the Plaintiff and C with regard to the instant building at KRW 1.2 billion (hereinafter “instant sales contract”).
In concluding a contract, the Plaintiff agreed to substitute for the payment of the purchase price equivalent to the same amount by acquiring the obligation to refund the deposit amount of KRW 60 million from C to the Defendant, and the obligation to pay KRW 300 million to the National Bank of Korea to the Defendant. (2) On January 28, 2014, the Plaintiff transferred the ownership of the instant building based on the instant sales contract to the Plaintiff in the future.
C. On March 4, 2014 between the Plaintiff and the Defendant, the Plaintiff drafted the “Carryover Agreement” as of March 4, 2014 between the Plaintiff and the Defendant, with respect to the instant building, the terms of the lessee, the deposit, the rent, and the lease term are the same as the instant lease agreement. However, the Plaintiff, by changing the lessor’s name to the Plaintiff, drafted the “Carryover Agreement” (No. 5) by changing the lessor’s name.
hereinafter referred to as "the contract of March 4, 2014" is "the contract of March 4, 2014".
In addition, the Plaintiff issued a receipt to the Defendant on the same day that he received the deposit amounting to KRW 60 million.
The plaintiff's notification of the expiration of the lease term of this case to the defendant on February 4, 2015 and May 22, 2015.