beta
(영문) 대구지방법원서부지원 2016.03.31 2015가합1667

배당이의

Text

1. As to the real estate stated in the attached list, a mortgage contract concluded on May 12, 2014 between Defendant D and F is concluded.

Reasons

1. Facts of recognition;

A. On May 6, 2013, Plaintiff A entered into a lease agreement with F and the real estate listed in the attached Table (hereinafter “instant cartel”) via agent H, with a deposit amount of KRW 800 million, monthly rent of KRW 10 million (value-added tax separate), and two years (hereinafter “instant lease agreement”). Under the said lease agreement, Plaintiff A entered into a lease agreement with F on July 4, 2013 on a deposit basis, and completed the registration of the establishment of a lease on a deposit basis with F and the said Maur on July 5, 2013, and paid KRW 80 million to F by way of direct or subrogated payment of construction costs, etc. until October 2, 2013.

B) However, after the conclusion of the instant lease agreement, F violated the said lease agreement, such as not allowing the Plaintiff to operate the instant franchise. Accordingly, on April 30, 2014, F decided to terminate the instant lease agreement with the Plaintiff, and on the same day, returned KRW 340 million out of the said deposit to the Plaintiff A, and the Plaintiff A cancelled the registration of the establishment of chonsegwon registered in its name; c) however, F did not refund the remainder of the instant lease deposit, but on May 12, 2014, F applied for provisional attachment of KRW 460,000,000,000 from the remainder of the said lease deposit to the Plaintiff at its claim. < Amended by Act No. 12725, May 21, 2014; Act No. 12293, May 21, 2014; Act No. 12873, May 21, 2014>

2) Plaintiff B entered into a contract with F on November 25, 2013 for the supply and construction of the instant tele films and paper bags. From around that time to February 24, 2014, Plaintiff B entered into a contract for the construction of KRW 64,263,500 upon completion of the supply and construction work under the said contract, but only received construction cost of KRW 10 million from F on January 25, 2014 and May 27, 2014.

B. Accordingly, Plaintiff B on September 12, 2014.