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Reasons
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(영문) 인천지방법원 2016.12.15 2016가합1942
근저당권설정등기말소등
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1. The Plaintiff:

A. As to each real estate listed in the separate sheet, Defendant B shall be the registration office of the Incheon District Court on April 30, 2009.

Reasons

1. Basic facts

A. On March 20, 2009, the Plaintiff leased to Defendant B the building Nos. 2 in the [Attachment List owned by the Plaintiff (hereinafter “instant building”) to KRW 300 million, monthly rent of KRW 121 million (including value added tax).

(B) The above lease contract between the Plaintiff and the Defendant B (hereinafter “instant lease contract”).

In order to secure the obligation to refund the lease deposit under the instant lease agreement against Defendant B, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of each of the instant sites”) with respect to the instant building and the land Nos. 1, as indicated in the separate sheet, which is the Plaintiff’s ownership (hereinafter collectively referred to as “each of the instant real estate”), as the Incheon District Court’s registry No. 22950, Apr. 30, 2009, received on April 30, 2009, the maximum debt amount of KRW 360,000,000, Defendant B, and the Plaintiff as the Plaintiff

C. As Defendant B delayed the payment of the rent under the instant lease agreement, the Plaintiff filed a lawsuit against Defendant B regarding the name of the building, and on June 15, 2015, the Incheon District Court 2015 money64183 (hereinafter “instant adjustment”) constituted conciliation among the Plaintiff and Defendant B as follows (hereinafter “instant adjustment”).

(3) Article 5 (1)

1. As of May 31, 2015, Defendant B’s overdue rent of KRW 79,880,00 and management expenses and public charges of KRW 242,354,370 are confirmed as follows: (a) the amount to be paid by Defendant B to the Plaintiff is KRW 22,234,370 if the amount to be paid by Defendant B is deducted from KRW 300 million.

2. Defendant B, by August 31, 2015, transferred the right of lease to a third party to the instant building, paid all the rent, management expenses, and public charges incurred until that time to the Plaintiff, and thereafter, concluded a new lease contract after Defendant B paid all the overdue rent, management expenses, and public charges to the Plaintiff until that time.

4. Defendant.

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