양수금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 31, 2009, C entered into a lease contract with D for the lease deposit of KRW 40,00,000, and the lease deposit of KRW 40,000,00 from November 30, 2009 to November 30, 201 with respect to the lease deposit of KRW 504 among the five-story buildings located in Eunpyeong-gu, Seoul (hereinafter “instant building”), and D paid KRW 40,00,000 to D. On November 27, 2009, after filing a move-in report on the instant building and obtaining a fixed date on the lease contract, and received KRW 504 from D on November 30, 201 to reside from around that time.
B. On March 16, 2011, D completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 1,920,000,000 with respect to the instant building. On January 16, 2013, at the request of the Bank, which is a mortgagee, the Seoul Western District Court H on the commencement of the voluntary auction procedure. On April 24, 2014, the Defendants paid the proceeds in full, and completed the registration of the ownership transfer with respect to the shares of KRW 19/20 with respect to the shares of KRW 19/20 with respect to the shares of KRW 1/20.
C. Meanwhile, on January 23, 2014, C accepted the order of lease registration as Seoul Western District Court 2014Kao17 with respect to the instant building on the basis of the Seoul Western District Court’s order of lease registration. On February 12, 2014, C made the registration of Tae Tae-won’s lease deposit amounting to 40,000,000 won and the scope of 504th five stories. On February 19, 2014, C transferred to the Plaintiff the right to refund the lease deposit deposit against D with respect to the instant building upon the consent of D, a lessor, with the consent of D.
On May 12, 2014, the Plaintiff delegated the notification of the assignment of claims to C, and sent the notification of the assignment of claims to the Defendants by content-certified mail, and at that time, the notification of the assignment of claims was delivered to the Defendants.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 6, 12, 13, and 17, the purport of the whole pleadings
2. Judgment on the parties’ assertion
A. The Plaintiff’s assertion (1) is a lessee with a fixed date and opposing power before a bank’s collateral security is established.