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1. The part of the judgment of the court of first instance against the defendant in excess of the money ordered to be paid below.
Reasons
1. Basic facts
A. The ownership of the instant apartment and major registration relations (1) the Defendant is the owner of Gangnam-gu Seoul Metropolitan Government C apartment 206 Dong 1308 (hereinafter “instant apartment”).
(2) As of May 8, 2015, with respect to the apartment of this case, ① a plan for the establishment of a mortgage (No. 7, the maximum debt amount of the bank), ② a plan for the establishment of a mortgage (No. 8, the maximum debt amount of the bank), ② a plan for the establishment of a mortgage (No. 294, the maximum debt amount of the bank), but a plan for the establishment of a mortgage (No. 8) of a bank, ③ a lease deposit of KRW 430,000,000, was completed by the lessee E (No. 13) prior to
(The defendant did not return the lease deposit amount of KRW 430 million to the lessee E. (b).
Conclusion and implementation of the instant lease agreement
4. The lessor shall cancel the maximum debt amount of KRW 120 million until the remainder, and shall reduce the principal of KRW 294 billion to KRW 200,000,000,000 to KRW 245,000,000,000,000 to KRW 20,000.
5. The lessor shall decide to cancel the registration of the lease until the remainder of the lease;
6. The lessee shall pay the balance to a certified judicial scrivener to cancel the lease registration when the remainder remains, and the lessor shall receive the remaining amount after the cancellation of the lease registration order.
(1) On May 8, 2015, at the office of Licensed Real Estate Agent F, the Plaintiff leased the instant apartment from the Defendant with the lease deposit of KRW 590 million, the lease deposit of KRW 70 million from July 7, 2015 to July 6, 2017 (hereinafter “instant lease contract”); and on the same day, paid the Defendant the down payment of KRW 60 million to the Defendant.
The Plaintiff and the Defendant set the payment date of the remainder of KRW 530 million as of July 7, 2015, and entered the following special agreement in the lease agreement with regard to the payment of the remainder:
(hereinafter referred to as “the instant lease agreement”). In addition, the Plaintiff and the Defendant notify the lessor or the lessee of the nonperformance of the obligation stipulated in the instant lease agreement in writing.