건물인도 등
1. Of the judgment of the court of first instance, the part against Defendant B is modified as follows.
Defendant B, as the Plaintiff, 1.
1. Facts of recognition;
A. On August 14, 2012, the Plaintiff: (a) awarded a successful bid for the instant cartel, and completed the registration of ownership transfer in the name of the Plaintiff.
B. Around October 2012, Defendant Non-Seoflaz Co., Ltd. (hereinafter “Defendant Company”) entered into a franchise agreement with C, D and C (CU) convenience.
On November 22, 2012, the Defendant Company entered into a mortgage agreement with C, who is the Plaintiff’s agent, to secure future claims that may arise from the said franchise agreement, with respect to the instant franchise agreement, which is the maximum debt amount of KRW 50 million, and the obligor, and sought the claim in the name of the Defendant Company on the same day.
The registration of the establishment of each right to collateral security (hereinafter referred to as the "first right to collateral security") as stated in the paragraph has been completed.
C. On December 19, 2013, Defendant B concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, E, and C, which stipulates a security deposit of KRW 500 million, and the term of the lease from January 1, 2014 to December 31, 2015, Defendant B paid KRW 500 million to F, who is the person with the right to make a provisional registration of the instant her mother and the right to collateral security, and operated the said her mother on or around January 1, 2014.
In order to secure the claim for the return of the deposit under the instant lease agreement, Defendant B entered into a mortgage agreement with E, C, and the mother of this case, which are the Plaintiff’s agent, with a maximum debt amount of KRW 500 million, and a mortgage agreement with the Plaintiff, which is the Plaintiff, on December 19, 2013, and claim for the claim under Defendant B’s name on December 20, 2013.
The registration of creation of each collateral security (hereinafter referred to as the "second collateral security") mentioned in paragraph (1) has been completed.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2 (if there is additional number, including each number; hereinafter the same shall apply), Eul evidence 3 through 9, 12, 14, Eul evidence 1 through 4, witness G of the first instance trial, and testimony and the whole purport of pleadings
2. Determination as to the claim against the defendant B
A. According to the above fact-finding on the ground of the claim for delivery of the instant telecom, the illegality of the instant telecom unless there are special circumstances.