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(영문) 서울중앙지방법원 2018.04.03 2017가단5203841
보증금반환
Text

1. The Plaintiff:

A. Defendant A’s KRW 180,000,000 and interest rate of KRW 15% per annum from December 6, 2017 to the date of full payment.

Reasons

1. Under the underlying facts, the following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the following: Gap evidence 1-2, Gap evidence 1-4, Gap evidence 3-1-4, Gap evidence 4-1-4, Gap evidence 5-8, Eul evidence 1, Eul evidence 1, and the whole purport of arguments in the examination of the defendant Eul.

While the Plaintiff was a juristic person established for the purpose of manufacturing and selling livestock batteries, he/she entered into an agreement on February 19, 2016 with Defendant A to engage in real estate brokerage in the name of “D Licensed Real Estate Agent Office” in Ansan-gu, and entered into a lease agreement with Defendant B on February 19, 2016 with regard to each of the 306 square meters of E-ground 1st, 310 square meters of land (hereinafter “instant building”), 414 square meters of lease deposit (total 180,000,000 won), and the period from March 5, 2016 to March 4, 2017 (12 months). The Plaintiff completed the registration of the establishment of chonsegwon on March 4, 2016, respectively.

B. However, on the general building ledger, the main purpose of the instant building was the parking lot, mechanical room, and ground first-class neighborhood living facility with the parking lot, second-class neighborhood living facility with the parking lot, second-class neighborhood living facility with the second-class neighborhood living facility with the second-class neighborhood living facility with the second-class and fourth-class neighborhood living facility with the fourth and fifth-class floors, respectively. However, although the actual status was well known, the first-class floor was the first-class floor with the second-class and the second-class and fifth-class floors with the first-class room without the permission of the competent authorities, and was being used as the multi-family house with the first-class and the second-class and fifth floors without the permission of the competent authorities (the last floor was registered as the non-compliant building on July 13, 2017).

C. At the time of each lease contract of this case, the right to collateral security was set up for the building of the instant case with the amount of KRW 1.955 billion with the amount of maximum debt and KRW 6.5 million with the amount of KRW 650 million with each of the right to collateral security. At the time of each lease contract of this case, 70 million with the amount of KRW 330,000,000,000, including the registration of the right to collateral security (right to lease on a deposit basis).

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