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(영문) 대전지방법원 2015.08.19 2014가단40937
임대차보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 3.3 million to the Plaintiff (Counterclaim Defendant) and against this, from October 29, 2014 to August 19, 2015.

Reasons

1. Basic facts

A. On May 30, 2013, the Plaintiff leased the lease deposit amount of KRW 30 million and KRW 300,000,000 per month rent (hereinafter “instant lease agreement”) to the Defendant of the Seo-gu Daejeon-gu Seoul Building No. 111 (hereinafter “instant commercial building”) on or around May 30, 201, and received the full amount of the lease deposit from the Defendant.

B. On August 28, 2013, the Daejeon District Court D rendered a voluntary auction decision regarding the instant commercial building on August 28, 2013, and the auction procedure of real estate was commenced.

(B) The right to collateral security of the Nonghyup Bank was transferred to the Nonghyup Asset Management Company (C).

On January 20, 2014, the Plaintiff concluded a sales contract (hereinafter “the sales contract in this case”) with the Defendant, setting the sales price of KRW 350 million as KRW 30 million as the sales price for the instant commercial building (a lease deposit of KRW 35 million as the Plaintiff sub-leases part of the instant commercial building from the Defendant and sub-leases the leased deposit of KRW 5 million to E. 35 million as the amount including the above KRW 5 million. The offset is set off, and the intermediate payment of KRW 115 million as the intermediate payment of KRW 15 million as of January 25, 2014, the remainder payment of KRW 150 million as of February 20, 2014.

On the other hand, the plaintiff and the defendant set forth the following special terms at the time of the contract of this case.

-special agreement -

1. On January 20, 2014, the amount of the withdrawal of the Nonghyup and the amount of KRW 20,000,000 from G for the cancellation of FN mortgage:

2. Formation of a contract to be fully paid by January 25;

3. An intermediate payment shall be settled by attaching a receipt that terminates a seizure case, such as management expenses and taxes;

4. Any balance remaining shall be made by way of entrusting the whole amount to G;

At the time of the instant sales contract, the establishment registration of the first priority neighboring to the Nonghyup Asset Management Company’s first priority, the establishment registration of the mortgage, the establishment registration of the second priority neighboring to the maximum debt amount of KRW 15 million, and the establishment registration of the third priority neighboring to G with the maximum debt amount of KRW 300,000,000,000, was completed respectively, and Daejeon.

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