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(영문) 서울중앙지방법원 2018.08.16 2017가단5017187
구상금
Text

1. Defendant B’s KRW 139,238,244 as well as 5% per annum from August 29, 2015 to August 16, 2018.

Reasons

1. Basic facts

A. Defendant C is the owner who completed the registration of ownership transfer with respect to E Apartment F (hereinafter “instant apartment”) in Seoul Special Metropolitan City, Nowon-gu on December 5, 2013.

On April 21, 2014, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) that leases the instant apartment from Defendant C with the term of KRW 200,000,000 and the term of lease from May 3, 2014.

B. On April 21, 2014, Defendant B applied for a loan of KRW 136,000,000 from G Co., Ltd. (hereinafter “G”) in order to prepare a lease deposit, and received a loan with the loan period of KRW 2 years.

On the same day, Defendant B created a pledge on the claim for the refund of the lease deposit against Defendant C in order to secure the above loan obligation, and Defendant B delegated the right to notify the above pledge to the law firm H on April 22, 2014, which was notified of the establishment of the pledge to Defendant C on April 26, 2014, and the said notification was delivered to Defendant C on April 26, 2014.

C. On May 2, 2014, the Plaintiff concluded an insurance contract with G to cover the insured period from May 2, 2014 to May 1, 2015, with the insurance amount of KRW 149,60,000, and with the subject matter of insurance as the instant apartment.

Defendant B completed a move-in report on April 21, 2014 on the instant lease agreement after obtaining a fixed date and completed the move-in report on May 2, 2014.

(Defendant B transferred to I on December 11, 2017). (E) Defendant B transferred to I on December 11, 2017.

On August 22, 2014, Defendant C completed the registration of ownership transfer with Defendant D on September 3, 2014 due to the sale on August 22, 2014, and Defendant D completed the registration of ownership transfer with J on May 11, 2015 due to the sale on May 6, 2015.

F. G appears to have returned the deposit for the deposit to Defendant B on January 7, 2015, and around September 2014, the lessor changed on or around November 2014. The Defendant B appears to have returned the deposit for the deposit to Defendant B.

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