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(영문) 서울동부지방법원 2015.07.16 2014가단123300
임대차보증금
Text

1. Defendant D’s KRW 100,000,000 and interest rate of KRW 20% per annum from August 21, 2015 to the date of full payment.

Reasons

1. Claim against Defendant D

A. Facts of recognition 1) The plaintiffs and non-party E are mother-and-child relationship, and the 6th floor building located in Gangnam-gu Seoul on June 26, 2003 in Gangnam-gu (hereinafter "the building of this case"), and "the building of this case"

Of these, Defendant D’s 5/100 shares, Defendant C’s 30/10 shares, and Defendant C’s 15/100 shares, and the instant building was jointly owned after completing the registration of ownership transfer, and transferred ownership to G on May 12, 2014. 2) Meanwhile, on April 30, 2013, the Plaintiffs concluded a sales contract with Defendant D, setting the sales price of KRW 1.25 billion with respect to H apartment Nos. 11, 503 (hereinafter “non-case apartment”) owned by Defendant D, as the sales price of KRW 1.25 billion.

At the time of the above sales contract, the original credit union, the mortgagee of the maximum debt amount of KRW 1.7 billion, had been in progress with the voluntary auction procedure to the Seoul Eastern District Court I, and the defendant D, upon receiving a proposal from the original credit union to withdraw the voluntary auction application and cancel the right to collateral security when the repayment of KRW 1.25 million out of the amount of the collateral security debt is made, presented the conditions for the plaintiffs to purchase the out-of-the-case apartment in the actual sale price of KRW 1.55 million.

In other words, Defendant D agreed to determine the purchase price of the non-indicted apartment as KRW 1.25 billion between the Plaintiffs, and to cancel the right to collateral security of the original credit cooperative on the non-indicted apartment building, which is KRW 1.25 million paid by the Plaintiffs, but with respect to the size of 84.04 square meters (hereinafter “the part of the building in this case”) of the building in this case, which is part of the first floor of which they own co-ownership, as the lessee, and to prepare a lease contract with KRW 100 million (hereinafter “the part of the building in this case”) and deliver it to the Plaintiffs on April 29, 2015, which is the expiration date of the future lease term, and the Plaintiffs agreed to return KRW 100 million to the Plaintiffs on April 29, 2015.

3. Therefore, the plaintiffs and defendant D are out of the case on April 30, 2013.

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