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1. The Defendant’s legal interest in the Plaintiff’s bill No. 61, 2014, drawn up on March 10, 2014.
Reasons
1. Facts of recognition;
A. On December 30, 2013, the Plaintiff entered into a lease agreement with the Korea Land and Housing Corporation, with the Plaintiff as lessee, and the Korea Land and Housing Corporation as lessor, with respect to the lease deposit of KRW 86 million [the contract deposit of KRW 17.2 million shall be paid at the time of entering into the agreement, the remainder of KRW 68.8 million shall be paid at the time of entering into the agreement, or the expiration date of the designation period of occupancy (the scheduled occupancy date shall be October 2014)] and the rent of KRW 838,000 per month (hereinafter “the lease agreement in this case”). The apartment in this case was a publicly constructed rental house under Article 2 subparagraph 2 of the former Rental Housing Act and Article 2 subparagraph 1 of the Enforcement Decree of the same Act, which was in force at the time of entering into the contract.
B. In addition, on December 30, 2013, the Plaintiff entered into a real estate monthly rent of KRW 86 million (payment of KRW 17.2 million at the time of entering into a contract, the balance of KRW 68.8 million at the time of entering into the contract), monthly rent of KRW 838,00,00 for the apartment of this case, and the special terms and conditions under the said contract, stating that “This contract shall be paid by the Defendant to the Korea Land and Housing Corporation for rental apartments and pay KRW 40,00,000,000 to the Defendant, and the Plaintiff shall transfer the right of lease (change in the name of the lessee) to the Defendant after entering into the contract, and later, the Plaintiff shall pay the amount of KRW 86,00,000 as the penalty for breach of contract.”
(hereinafter referred to as the “instant lease transfer contract”). (C)
Under the instant lease transfer contract, the Defendant paid the down payment of KRW 17.2 million on behalf of the Plaintiff, and paid the Plaintiff KRW 40 million, which is the consideration for the transfer of the right of lease. The Plaintiff signed and sealed the Plaintiff’s signature and seal in the issuer column, and issued a letter of performance, such as promissory notes, certificates of personal seal impression, and the other parts in blank.
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