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(영문) 대구지방법원 2016.12.14 2016가단15966
추심금
Text

1. On April 15, 2017, the Defendant’s delivery of real estate stated in the separate sheet from B is simultaneously the same.

Reasons

1. On March 8, 2013, B entered into a lease agreement with the Defendant on the attached list owned by the Defendant (hereinafter “instant real estate”) stating that “30,000,000 won for lease deposit, monthly rent of KRW 1,90,000 for rent, and period of lease from April 20, 2013 to April 19, 2015” as to the said real estate as stated in the attached list owned by the Defendant (hereinafter “the instant real estate”) and the lease agreement was concluded between the Defendant and the Defendant on the same day as “the lease deposit amount: KRW 30,000,000 for rent deposit, and the duration: from April 20, 2013 to April 19, 2015, the lease agreement was concluded with the Daegu District Court on June 28, 2013 as the “registration of chonsegwon” (hereinafter “the instant lease agreement”).

On June 28, 2013, the Plaintiff lent KRW 25,000,000 to B on the same day, and completed the instant lease on a deposit basis as “the maximum bond amount of KRW 30,000,000, B, and the Plaintiff of the said right to lease on a deposit basis” (hereinafter “the instant lease on a deposit basis”) on June 28, 2013, the Daegu District Court registered as “the registration of establishment of the right to lease on a deposit basis” (hereinafter “the registration of establishment of the right to lease on a deposit basis”) with the Daegu District Court No. 74030, Jun. 28, 2013.

On February 10, 2014, the Plaintiff notified the Defendant on February 10, 2014, “B is a creditor of the Plaintiff, who is a mortgagee of the instant chonsegwon, and the grounds for termination of the contract to establish a right to lease on a deposit basis (such as termination before the expiration of the term of lease on a deposit basis) or “after the expiration of the term of lease on a deposit basis)” against the Defendant in B, and “in the event that B is in arrears for at least two months even during the term of lease on a deposit basis, the Plaintiff notified the Plaintiff of the receipt of contact.”

The defendant received this on February 12, 2014.

The Plaintiff paid the loan to B as the Seogu District Court 2014Gadan19473.

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