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1. The defendant shall order the plaintiff to write down the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Facts of recognition;
A. On March 20, 2014, the Plaintiff entered into a real estate security trust agreement with the Asian Trust Co., Ltd. (hereinafter “Nonindicted Company”) on the building and its site (hereinafter “trust property”) of the Dongwon-si, Suwon-si, Gyeonggi-do, including the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of ownership transfer with Nonparty Company as the trustee on the same day.
Since then, on June 13, 2014, the trust property, including the instant real estate, was temporarily reverted to the Plaintiff, and on the same day, the ownership transfer registration for the non-party company was completed again on the same day.
B. At the time of the above real estate security trust contract with the non-party company, the truster, etc., the plaintiff can enter into a lease contract in the name of the plaintiff when consent is obtained from the non-party company, etc. who is the trustee, and in this case, the plaintiff agreed to perform
C. On May 20, 2014, the Plaintiff entered into a lease agreement with the Defendant under which the instant real estate was leased to the Defendant by setting the lease deposit of KRW 20 million, monthly rent of KRW 4.2 million, and the lease period of KRW 4.2 million from May 30, 2014 to May 29, 2016 (hereinafter “instant lease agreement”), and thereafter obtained the consent of the non-party company.
On February 17, 2015, the Plaintiff agreed with the Defendant that “The instant lease agreement shall be terminated, and the amount calculated by subtracting the rental deposit from the deposit deposit of KRW 20 million to the monthly rent of KRW 4.2 million from January 2015 shall be returned to the Defendant within seven days, and the Defendant shall issue an order to the lessor within seven days from the time when the lessor requested the return (hereinafter “instant termination agreement”).
E. On March 13, 2015, the Plaintiff, via Nonparty Company, paid KRW 15.8 million to the Defendant (=20,000,000 - KRW 4,200,000). On July 31, 2015, the Plaintiff concluded the instant lease agreement with the Defendant around July 31, 2015.