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(영문) 대전지방법원천안지원 2015.08.25 2014가단20048
임대차보증금
Text

1. The Plaintiff, Defendant B, as well as Defendant B, at the rate of 20% per annum from May 29, 2015 to the date of full payment.

Reasons

Basic Facts

On August 22, 2014, the Plaintiff entered into a lease agreement with Defendant C by setting forth 403 units of the multi-family house of the fourth floor building located in Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “instant building”) from Defendant B as the broker of Defendant C, for the lease deposit of KRW 60,000,000, and for the lease term of September 29, 2014 to September 28, 2016.

(2) On January 3, 2012, the lower court: (a) on January 3, 2012, the lower court: (b) on June 5, 2014, the lower court held that: (c) on the instant building, each of the maximum debt amount of KRW 299,00,000,000 was established; and (d) on July 15, 2014, on July 15, 2014, the lower court: (a) on the instant building, the lower court registered the right to lease of KRW 50,00,000,00 for the Korea Land and Housing Corporation, which was the lessee based on the order to register the lease of KRW 50,00,000,00 for the lease of the instant building.

When the Plaintiff paid the deposit to Defendant B by September 29, 2014 at the time of the conclusion of the instant lease agreement, the Defendant B cancelled the said order of lease registration as set forth in the above 403 until September 29, 2014, and, if not cancelled, the said Defendant was held liable for civil or criminal liability.

The Plaintiff paid the full deposit to Defendant B by September 29, 2014 in accordance with the instant lease agreement. Defendant B did not cancel the said order of lease and did not contact.

On November 18, 2014, the voluntary auction procedure of the Daejeon District Court (hereinafter "the auction procedure of this case") began on November 18, 2014 due to the voluntary auction application by the mortgagee of the right to collateral security, Seocheon-gu Saemaul Bank.

As a result of the investigation of the lease relationship of the building of this case at the auction procedure of this case, the lease deposit, the date of transfer, and the fixed date was as follows.

The fixed date of deposit for the leased portion of the lease No. 1 G 402 G 1 G 60,000,000 on the date of original transfer shall be February 13, 2012.

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