근저당권말소
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On February 25, 2010, the Plaintiff leased to B the second floor of the instant real estate (hereinafter referred to as “instant leased”) for a period of four years from April 15, 2010 to April 14, 2014, with a lease deposit of KRW 100 million, monthly rent of KRW 4 million (excluding value-added tax), and the lease term of KRW 4 million from April 15, 2010 to April 14, 2014
(hereinafter “instant lease agreement”). B.
B On June 8, 2010, the Plaintiff entered into a separate contract to establish a right to lease on a deposit basis (hereinafter “instant right to lease on a deposit basis”) with the content of the instant lease between the Plaintiff and the Plaintiff as of April 14, 2014, and completed the registration of establishment of a right to lease on a deposit basis (hereinafter “right to lease on a deposit basis”).
C. Meanwhile, on June 8, 2010, the Defendant concluded a mortgage agreement with the obligor, B, and the mortgagee as the Defendant regarding the instant chonsegwon in order to secure a loan claim against B between B and B, and completed the registration of establishment of a neighboring mortgage on June 9, 2010 with the same content.
After that, on June 2014, the Plaintiff and B agreed on the extension of the instant lease agreement by setting a two-year period from June 15, 2014 to June 14, 2016, but B began to delay the rent from September 2014.
Accordingly, on April 17, 2015, the Plaintiff filed a lawsuit against B seeking the delivery of the leased portion of the instant lease after notifying B of the termination of the lease agreement, and around November 4, 2015, the Plaintiff rendered a ruling of recommending settlement with respect to B, who delivered the leased portion of the instant lease to the Plaintiff and ordered payment of certain money, and became final and conclusive around that time.
B around January 22, 2016, around January 22, 2016, delivered the leased portion of this case to the Plaintiff.
E. On March 30, 2016, the Defendant seized a claim amounting to KRW 60,182,200 with respect to the security deposit return claim against B in order to obtain a loan claim against B on March 30, 2016 as the Jeonju District Court 2016T1830.