(영문) 서울중앙지방법원 2020.01.30 2019가합1638

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(영문) 서울중앙지방법원 2020.01.30 2019가합1638

임대료등 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) On April 10, 2009, C representing the Plaintiff is a building in the size of the size of D, E, 1st underground, and 6th above ground between the Defendant and the Defendant on April 10, 2009 (hereinafter “instant building”).

(2) The Defendant’s lease agreement (hereinafter “instant lease agreement”) is set forth and leased as KRW 13,00,000 per month of rent (excluding value-added tax) for two years from April 24, 2009 to April 23, 201, and as the lease agreement for two years from April 24, 2009 to April 23, 201.

(2) On April 10, 200, the Defendant paid to the Plaintiff the lease deposit amount of KRW 600,000,000,000, which is the sum of KRW 30,000,000 on April 10, 2009 and KRW 570,000,000 on April 24, 2009. (2) In concluding the instant lease agreement, the Plaintiff separately borrowed KRW 50,000,00 to the Defendant as of April 30, 209 (hereinafter “the instant loan”). The interest of the instant loan was reduced to the Defendant’s amount of KRW 50,00,00 for five months until September 30, 209, and even after September 30, 2009, the Plaintiff could not reduce the amount of KRW 1,00,000 on a monthly basis if the Plaintiff did not repay the loan.

B. The instant building and the instant building owned by the Plaintiff, as well as the receipt of dividends therefrom, are as follows: (a) the instant building and the instant building owned by the Plaintiff: (b) KRW 428 square meters and KRW 73 square meters (hereinafter collectively referred to as “instant real estate”).

F. The F.I.D. (hereinafter “F.”) with respect to the instant real estate

(2) As the instant real estate was sold to H on December 1, 2011 at the above auction procedure, the instant lease agreement was terminated as of November 30, 201, and the executing court prepared a distribution schedule as follows with respect to KRW 2,228,119,150, which is the actual amount to be distributed after deducting the execution cost from the sale price of December 23, 201, as well as KRW 2,228,119,150, which is the actual amount to be distributed.

(hereinafter “instant distribution procedure”).

유사 판례

-서울중앙지방법원 2020.01.30 2019가합1638

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-청주지방법원 2018.11.01 2018가합3691

-청주지방법원 2016.11.01 2015가단106899