공탁금 출급청구권 확인
1. The 493,580,286 won, out of the 587,246,027 won deposited by the FF Bank (G) by gold No. 13063, June 29, 2017.
Basic Facts
H purchased the above real estate in the compulsory auction procedure for the real estate J of the Dongjak-gu Seoul Metropolitan Government I building J (hereinafter “instant real estate”) and completed the registration of ownership transfer on April 4, 2012.
Article 11 (Lease, etc.) (1) A lease concluded between a truster and a lessee before this contract is concluded shall remain effective and the truster shall continue to maintain the status of the lessor, such as the obligation to return the lease deposit, and other lessors' responsibilities and rights.
Provided, That where the name of the lessor is renewed as the trustee under the lease contract and the lease deposit is transferred between the truster and the trustee, the trustee succeeds to the status of the lessor.
(3) Where a lease contract is renewed or a new lease contract is concluded due to the termination of the lease contract period, termination of the lease contract, etc. during the trust period, the truster shall conclude the contract under the name of the truster with the prior consent of the trustee pursuant to Article 10
(4) Notwithstanding paragraph (3), no truster may claim the validity of a lease contract voluntarily concluded by the truster to the trustee, and the truster shall compensate the trustee for any loss incurred thereby.
Article 23 (Methods of Settlement, such as Proceeds from Disposal of Property) (1) Where a trustee liquidates and settles trust real estate, the order of payment shall be as follows:
1. Expenses and remuneration related to the trust deed;
2. Small-sum lease deposit before the registration of trust (Article 8 of the Housing Lease Protection Act or Article 14 of the Commercial Building Lease Protection Act);
3. Claim secured prior to a registration of trust (Article 3-2 of the Housing Lease Protection Act or Article 5 of the Commercial Building Lease Protection Act), such as deposit for lease prior to a registration of trust, right to collateral security (within the maximum amount of claims), right to lease on a deposit basis, right to lease registered, etc.
4. Money that does not fall under subparagraphs 2 and 3, among the lease deposit that has a duty to return to the trustee.