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The defendant shall pay to the plaintiff KRW 42,362,790 and KRW 34,922,580 among them, from September 1, 2014, KRW 7,440,210.
Reasons
Facts of recognition
On November 8, 2013, the original Defendant transferred the second floor No. 201 (hereinafter referred to as the “instant building”) of the member-gu Seoul Building owned by the Plaintiff to the Defendant, and entered into an exchange contract to transfer three parcels, such as D, E, F, etc. (hereinafter referred to as the “instant plot of land”) owned by the Defendant to the Plaintiff (hereinafter referred to as the “instant exchange contract”), and the main contents are as follows.
The description of the Plaintiff’s real property: The description of the Defendant’s goods in the amount of debts of KRW 233.47m2, 119.76m2, monthly rental deposit of KRW 5,000,000: D=89m2, E=12m2, and F=562m2m2: The amount of actual debts of KRW 210,000,000: In entering into an exchange contract of the said real property, the exchange difference shall be paid as follows, under an agreement between the parties to the contract:
Exchange difference: 80,000,000 won down payment: 20,000,000 won for the remainder after payment at the time of the contract: 60,000,000 won for all taxes, public charges, etc. paid on November 14, 2013 shall be borne by the Plaintiff for the Plaintiff’s goods as of the date of the remainder payment, and by the Defendant for the Defendant’s goods.
(Omission of Special Agreement)
3. The plaintiff and the defendant shall succeed to both of the goods (the above contents) on a deposit basis and loans.
5. The plaintiff provisionally registers the plaintiff's goods and issues a seal imprint for sale to the person designated by the defendant.
(Omission)
9. A copy of the Plaintiff’s lease agreement shall be attached.
G on October 15, 201, the instant building was leased and used as the lease deposit amount of KRW 50,000,000, monthly rent of KRW 2,500,000, and the lease term of KRW 15,000 from November 15, 201 to November 15, 2013 (hereinafter “instant lease agreement”), and on October 8, 2013, the G expressed the intent of refusing to renew the lease to the Plaintiff and requested the return of the lease deposit on November 15, 2013.
G on January 2, 2014, the Plaintiff filed against the Plaintiff on August 26, 2014 in this Court Decision 2014Kadan170, the “Plaintiff” in August 26, 2014.