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1. The Defendant’s KRW 990,560 and KRW 985,963 among the Plaintiff’s KRW 990,560 and KRW 5% per annum from February 22, 2017 to September 6, 2017.
Reasons
1. Facts of recognition;
A. On November 10, 2005, the Plaintiff entered into a lease agreement with the Defendant to lease the lease deposit amount of KRW 85,000,000,000 from December 15, 2005 to December 14, 2007 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid KRW 85,00,000,00 to the Defendant around that time.
B. Under the instant lease agreement, the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) was completed as of December 22, 2005 by the Gyeyang District Court of Incheon on December 72, 2005 by the registration office of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) from December 15, 2005 to May 14, 2008.
C. On July 19, 2016, in the case of the Incheon District Court Decision 2015Da37688, which filed against the Plaintiff, “The Plaintiff delivered the instant real estate to the Defendant at the same time with the payment of KRW 87,116,290 from the Defendant, and ② received KRW 85,00,000 from the Defendant, and simultaneously performed the procedure for registration cancellation of the instant chonsegwon registration” (hereinafter “previous judgment”) and became final and conclusive on August 11, 2016.
Of the above 87,116,290 won, 2,116,290 won is the long-term repair appropriations paid by the Plaintiff on behalf of the Defendant, the owner of the instant real estate, by July 5, 2016 (the date of closing argument in the previous judgment).
On August 11, 2016, the Defendant deposited KRW 87,116,290 as stated in the previous judgment by the Incheon District Court Decision No. 7583, the repayment of KRW 87,116,290, which was recovered on December 20, 2016.
E. On January 8, 2017, the Plaintiff, while leaving the instant real estate, notified the Defendant of the fact of eviction along with the present official identification number.
The long-term repair appropriations paid by the Plaintiff on behalf of the Defendant, the owner of the instant real estate, up to the time of the eviction, including KRW 2,116,290 in total, 2,37.