주택임차권설정등기 말소 등 청구의 소
1. Defendant B received on June 28, 2017 from the Jeonju District Court with respect to the second floor E among the buildings listed in the attached list to the Plaintiff.
1. Facts of recognition;
A. On September 2, 2013, Defendant C leased the three-story multi-family house F (hereinafter “instant F”) of the buildings indicated in the attached Table (hereinafter “instant building”) owned by H as at the time, as at KRW 60 million, and the period from September 2, 2013 to September 2, 2015, the said deposit was paid to H, and thereafter, he/she continuously occupies and uses the said deposit by delivery until the date of closing argument.
B. On December 3, 2013, Defendant B leased the two-story house E ( approximately 40.4 square meters; hereinafter “instant E”) of the instant building as the lease deposit amount of KRW 40 million, monthly rent of KRW 50,000,000, and the period from December 17, 2013 to December 16, 2015, and thereafter, Defendant B paid the said lease deposit to H, and was handed over around that time.
C. On January 6, 2014, Defendant D leased the apartment house G (around 40 square meters; hereinafter “instant apartment house”) of the instant building as the lease deposit amount of KRW 25 million, monthly rent of KRW 200,000,000, monthly rent of KRW 270,000, and January 26, 2016, and thereafter, Defendant D paid the said lease deposit to H, and was handed over around that time.
The lease contract and each lease contract have been implicitly renewed even after the expiration of each term.
E. On the other hand, on July 5, 2013, the establishment registration of a mortgage was completed with respect to the building of this case, which was KRW 495,450,000 of the maximum debt amount, and KRW 495,450,00 of the right to collateral security (transfer to KK on May 14, 2014). Upon the application of the said bank, the former District Court’s voluntary auction procedure with respect to the building of this case was initiated on December 23, 2014.
F. On March 5, 2015, H filed an application for individual rehabilitation with the Jeonju District Court 2015dan6, and received a decision to commence rehabilitation procedures on September 2, 2015 ( deemed a custodian). By September 23, 2015, H reported to the rehabilitation court the above lease deposit return claim and each lease deposit return claim as rehabilitation claims, and the rehabilitation decision was rendered on February 17, 2016.