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(영문) 창원지방법원진주지원 2020.07.14 2019가단39719
사해행위취소
Text

1. The defendant's delivery of the building stated in the separate sheet from the plaintiff at the same time, and at the same time, KRW 160,000,000 to the plaintiff.

Reasons

1. On February 24, 2016, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant apartment”) with the term of February 24, 2016, setting the deposit amounting to KRW 137 million and the term of lease from February 26, 2016 to February 25, 2018. On January 2, 2018, the deposit amount is increased to KRW 160 million, and the term of lease is fixed from February 26, 2018 to February 25, 2020, and resides in the instant apartment.

Since the above lease contract has expired, the defendant shall pay the above lease deposit and damages for delay to the plaintiff.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. A lawsuit seeking the return of lease deposit under the condition that a lease building in the simultaneous performance relationship with some reasons is not delivered is an action for future performance. Accordingly, the statutory interest rate under the proviso of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be excluded pursuant to the proviso of Article 3(1) of the same Act. Therefore, the part claiming damages for delay exceeding the statutory interest rate of 5% per annum under

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