임대차보증금반환등
1. The Plaintiff:
A. Defendant B’s KRW 62,363,178 and interest rate of KRW 20% per annum from August 20, 2015 to the date of full payment.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 6, Eul evidence No. 6 and 7:
On October 4, 2010, D, the husband of the Plaintiff, concluded a lease agreement with Defendant B, who was employed as an employee at the real estate brokerage office, to purchase the registration of ownership transfer and make it completed the registration of ownership transfer (hereinafter “instant apartment”), with the lease term from October 15, 2010 to October 14, 2012, with the lease deposit amounting to KRW 85 million.
(hereinafter “instant First Lease Contract”). At the time of the said contract, Defendant C, as Defendant B’s son, prepared and implemented the said lease contract as a licensed real estate agent.
B. On October 15, 2010, Defendant B completed the ownership transfer registration on the ground of sale on October 4, 2010 (the transaction value of KRW 160 million) in its name with respect to the apartment of this case on October 15, 2010, and on the same day, Defendant B completed the registration for the establishment of a neighboring mortgage with the debtor, the maximum debt amount of KRW 134,400,000 for the remaining Mine Agricultural Cooperative on the same day.
(hereinafter “instant collateral security”). C.
On October 15, 2012, the Plaintiff entered into a lease agreement between Defendant B and Defendant B to renew the said lease agreement by changing the name of the lessee to the Plaintiff. On October 15, 2012, the Plaintiff entered into a lease agreement between B and B with regard to the instant apartment between B and B as a broker by a licensed real estate agent F, with regard to the instant apartment from October 15, 2012 to December 14, 2014.
(hereinafter “instant second lease contract”) D.
The South Mine Agricultural Cooperative filed an application for the auction of real estate rent with G of this court concerning the apartment of this case on the basis of the above collateral security, and the above execution court shall take the first priority of the amount to be actually distributed out of the amount of KRW 168,573,897, which was the collateral security interest on June 16, 2015.