logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.09.22 2015가단238610
임대차보증금
Text

1. The Plaintiff:

A. Defendant B’s KRW 24,00,000 and interest rate of KRW 15% per annum from March 22, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On March 4, 2014, under the brokerage of Defendant C, a licensed real estate agent, the Plaintiff entered into a lease agreement with Defendant B, setting the deposit amount of KRW 24,00,000,00 (the contract amount of KRW 22,000,000 at the time of the contract, the balance of KRW 22,00,000 at the time of the contract) and the period from April 10, 2014 to April 10, 2016 (hereinafter “instant lease agreement”).

B. On March 4, 2014, the Plaintiff paid KRW 22,000,000 as down payment, and KRW 22,000,000 as of April 10, 2014 to Defendant B, respectively. On April 10, 2014, the Plaintiff received the instant real estate from the Plaintiff and received the fixed date of the lease contract on the same day after completing the move-in report.

C. At the time of the conclusion of the instant lease agreement, the establishment registration of a neighboring mortgage, which is KRW 176,400,000 (the principal of the loan, KRW 147,00,000), was completed on the instant real estate at the time of the conclusion of the instant lease agreement. As of September 24, 2013, Hyundai Construction Co., Ltd., the creditor, the claimed amount of KRW 144,508,378, provisional attachment registration for provisional attachment (hereinafter “provisional attachment for current substitute construction”) and the creditor Credit Guarantee Fund, the claimed amount of KRW 103,50,000 (hereinafter “provisional attachment for the Credit Guarantee Fund”) were completed on October 29, 2013.

After that, the auction procedure was commenced to the Incheon District Court E with respect to the instant real estate upon the request of the Sejong Agricultural Cooperative. At the above auction procedure, the Plaintiff reported rights to the deposit under the instant lease agreement and made a demand for distribution, and on January 6, 2015, the distribution schedule was prepared to distribute dividends of KRW 22,00,000 to the Plaintiff as a small lessee on the date of distribution.

E. However, in the instant case on August 19, 2015, the Plaintiff filed a lawsuit of demurrer against the Plaintiff with the Incheon District Court 2015Kadan200929, while Defendant B filed a lawsuit of demurrer against the distribution on the following grounds: (a) the value of the instant real estate at the time of entering into the instant lease agreement on August 19, 2015 was 130,000,

arrow