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1.The judgment of the first instance, including the claim of the Plaintiff (Counterclaim Defendant) that has been reduced or added by this Court, shall be as follows:
Reasons
1. The principal lawsuit and counterclaim shall also be deemed the facts constituting the basis;
A. On December 30, 2010, the Defendant purchased real estate listed in the attached list (hereinafter “instant apartment”) in the voluntary auction procedure and completed the registration of ownership transfer. On the same day, the Defendant completed the registration of creation of collateral security (hereinafter “mortgage security”) with the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”).
B. On April 201, the Plaintiff leased the instant apartment without a deposit to the Defendant at KRW 900,000 per month, and paid all the rent to the Defendant during the said period.
C. On September 2012, the Plaintiff entered into a lease agreement with the Defendant, stating that, until the amount of guarantee exceeds KRW 10 million,00,000,000,000,000 per month plus KRW 1.1 million, the Plaintiff shall pay the monthly rent of KRW 9 million, and that, at the time when the amount of guarantee reaches KRW 10,000,000, the lease term of KRW 90,000,000,00 is renewed.
Under the above lease agreement, the Plaintiff paid KRW 2 million to the Defendant each month from September 2012 to February 2013, and KRW 3.4 million on March 10, 2013, and the deposit amount was KRW 10 million (=1.1 million x 3.4 million from September 2012 to February 2013).
Meanwhile, on the other hand, the Plaintiff paid KRW 2 million per month from March 2013 to June 2013, and paid KRW 900,000 per month from July 2013 to November 2013.
On November 2013, the Plaintiff was recommended by the Defendant to purchase the instant apartment from the Defendant, and on December 31, 2013, purchased the instant apartment from the Defendant for KRW 260,000,000 (hereinafter “instant sales contract”), and stipulated the payment method as follows.
1) As described in the foregoing C, a down payment shall be substituted by KRW 14.4 million (i.e., KRW 1.1 million x 4 months from March 2013 to June 2013) that the Plaintiff paid during that period (i.e., the instant collateral security payment) by the Defendant.