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(영문) 의정부지방법원 2016.03.29 2015가단9257
임대차보증금
Text

1. Defendant Alartwon City Development Co., Ltd.: KRW 108,00,000 and its amount from September 7, 2013 to October 2015 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant Alwwon Urban Development Co., Ltd. (hereinafter “Defendant Company”) completed registration of initial ownership on December 23, 2009 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) as the executor of D apartment on the surface of several parcels other than C in Yangyang-si, Nam-si.

B. On April 6, 2011, the Defendant Company entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the Asia Trust Co., Ltd. (hereinafter “ Asia Trust”), which aims to preserve and manage the above apartment in order to secure the loan obligations, etc. owed by the Defendant Co., Ltd. with respect to the apartment of 68 households, including the instant apartment, in order to secure the loan obligations owed to the Newan Mutual Savings Bank Co., Ltd., and completed the registration of ownership transfer in the name of the Asia Trust on April 7, 2011 on the following day.

At the time of concluding the instant trust contract, the Defendant Company agreed to have the authority to lease and maintain and manage the instant apartment, etc.

C. On the other hand, on June 21, 201, the Defendant Company entered into a contract for the purchase of the above apartment units on behalf of the Defendant Company for the purchase of the unsold 56 households among the above apartment units by October 20, 201, on behalf of the Defendant Company for the purchase of the unsold 56 households among the above apartment units by October 20, 201. In the event that the apartment units are not sold within the above period, the Defendant Company, at the time, delegated the right to lease the above apartment units to the Defendant Company for the lease of the above apartment units (hereinafter “instant contract for the purchase of the apartment units”).

Afterwards, the company was established as a subsidiary company for the implementation of the instant contract for the sale of the responsibility of this case, and thereafter, the company was established through the intermediation.

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