(영문) 인천지방법원 2015.01.20 2014가합6134

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(영문) 인천지방법원 2015.01.20 2014가합6134

청구이의

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1. Compulsory execution against the Defendant’s Plaintiff based on the Incheon District Court Decision 2013Gahap31089 Decided January 24, 2014.

Reasons

1. Facts of recognition;

A. As to 502 above the 5th 502 above ground among the building of "D building" of the 3rd 3rd tier and the 10th tier above ground in Incheon Nam-gu, Incheon (hereinafter "the building of this case"), the Defendant entered into a lease contract with the Plaintiff, who was the owner of the building of this case at September 12, 2005, by setting the lease deposit amount of KRW 100,000 won, monthly rent of KRW 300,000 (excluding value-added tax) and the lease term from September 12, 2005 to September 11, 2007.

Around that time, the Defendant paid KRW 100 million to the Plaintiff, and operated the “E” after receiving delivery of the instant building 502 from the Plaintiff.

After that, on November 15, 2006, the Plaintiff and the Defendant concluded a contract to increase the lease deposit to KRW 200 million, and to change the rent to KRW 1750,000 per month (excluding value-added tax), and the Defendant additionally paid KRW 100,000 to the Plaintiff.

B. Meanwhile, the Defendant: (a) transferred the building 10 to the 10th floor of the instant building; (b) concluded a lease contract between the Plaintiff and the 10th floor of the instant building; (c) on April 1, 2007, with a lease deposit of KRW 200 million; (d) KRW 5,000 per month; and (e) from April 1, 2007 to March 31, 2012, with a lease deposit of KRW 200 million from April 1, 2007 to March 31, 2012; (d) concluded a lease contract with the Plaintiff by setting the lease deposit of KRW 20 million from May 27, 2011; (e) the lease deposit of KRW 9325,00,000 from June 1, 201 to May 31, 2016.

(hereinafter referred to as the "instant lease contract").

In order to secure the return of KRW 200,000,000,000 to the Defendant, the Plaintiff registered the establishment of chonsegwon on the 10th floor of the instant building on September 21, 2012, on the ground of “the contract to lease on a deposit basis on June 1, 2011” (hereinafter referred to as “the registration of the establishment of chonsegwon”) with the term of KRW 200,000,000,000,000

d. D.

On the other hand, on September 13, 2012, the Plaintiff filed the instant building with Nonparty F and G.

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