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(영문) 서울중앙지방법원 2017.08.23 2016가단33187

임대차보증금

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1. Of the two floors of real estate listed in the separate sheet from the Plaintiff, the Defendant indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10.

Reasons

Basic Facts

A. C’s real estate acquisition process: (a) among the real estate listed in the separate sheet (hereinafter “instant building”); (b) with respect to the portion on June 20, 2008 58.31/51, 201; (c) with respect to the portion on February 23, 2011 124.58/51, 201; and (d) with respect to the portion on June 4, 2012 116.62/1, 209.

B. As between August 23, 2012 and C, the Plaintiff entered into a real estate lease agreement with C on the lease deposit amount of approximately 40 square meters (hereinafter “instant real estate”) in the part inside the ship connecting each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10, and 1 among the second floor of the instant building, the Plaintiff entered into a real estate lease agreement with a fixed date on August 24, 2012, with a fixed period of time from October 15, 2012 to October 14, 2014, and after paying the said lease deposit to C, the Plaintiff moves into the instant real estate after completing the move-in report until October 23, 2012.

C. On December 17, 2010, the auction process of the instant building (1) C and D completed the registration of creation of a collateral security right (hereinafter “registration of a collateral security right”) with respect to the portion of 116.62/1, 299, out of the instant building, KRW E and the maximum debt amount of KRW 50 million. On January 11, 2013, C completed the registration of establishment of a collateral security right (hereinafter “registration of a collateral security right”) around the F and the maximum debt amount of KRW 90 million with respect to the entire building of the instant building.

(2) On January 14, 2013, E received a voluntary decision to commence auction from the Seoul Central District Court G on the ground of the registration of the right to collateral security on January 14, 2013, and conducted an auction procedure on the portion of 116.62/29 of the instant building, and “the first auction”.

On December 30, 2013, H completed the registration of ownership transfer for the above shares due to the sale by voluntary auction, and the registration of the second collateral security is based on the sale by voluntary auction.