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(영문) 서울서부지방법원 2018.08.17 2018가합312
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 215,593,172 and the interest rate of KRW 15% per annum from September 30, 2016 to the date of full payment.

Reasons

Facts of recognition

On April 30, 2009, the Plaintiff entered into a lease agreement with respect to E, F, or G among D buildings in Seongbuk-gu and Sungnam-si (hereinafter “instant building”) on five years from the commencement date of lease business, lease deposit amount of KRW 2,600,000,000, monthly rent of KRW 3,000,000 (excluding value-added tax and management fee; hereinafter the same shall apply) from the commencement date of lease business.

(hereinafter “instant lease agreement”). On May 25, 2009, the Defendant purchased Fho Lake and Gho (hereinafter “instant store”) from C on May 25, 2009, and completed the registration of ownership transfer on September 24, 2010.

As the Plaintiff purchased and sold the instant store, on September 20, 2010, the Plaintiff entered into a contract with the Defendant for the alteration of the part concerning the instant store in the instant lease agreement to KRW 866,66,00, monthly rent of KRW 1,000 (hereinafter “instant lease agreement”). The Plaintiff agreed to apply the instant lease agreement to the Plaintiff with respect to the instant store in order to secure a lease deposit under the instant lease agreement, and the Defendant completed the registration of creation of a joint neighboring mortgage with the Defendant, each of the Defendant, with respect to the instant store, with a maximum claim amount of KRW 953,32,60, and each of the joint neighboring mortgages registered with the Defendant as the Defendant.

(hereinafter “instant mortgage”). On November 4, 2010, the Plaintiff commenced the business of Adong branch of the instant store (hereinafter “instant branch”). On January 27, 2014, the instant branch was closed.

The Defendant sold the instant store to H on March 19, 2015 and completed the registration of ownership transfer.

The Plaintiff filed an application for voluntary auction with respect to the instant store based on the instant right to collateral security, and rendered a decision to commence voluntary auction on February 11, 2016 (U.S. District Court Support I, hereinafter “instant auction”). Of the instant stores, F was sold to J, and the price was fully paid on September 2, 2016, and G was sold to K and paid on September 6, 2016.

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