채권양도 등
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) The Defendant entered into a lease contract with C on October 1, 2002 (hereinafter “C”).
(C) the building of this case is called the building of this case in the Geum-gu, Busan (hereinafter referred to as "the building").
) A lease agreement for the lease of the fifth and sixth floors with a deposit of KRW 350 million, monthly rent of KRW 20 million, and the period from October 1, 2002 to September 30, 2007 (hereinafter “the instant lease agreement”) is the first lease agreement.
(2) From October 1, 2002 to May 31, 2008, the Plaintiff entered into a lease agreement with C to set the deposit amount of KRW 450 million for the fifth and sixth floor of the instant building, and from June 1, 2008 to May 31, 2008, the Plaintiff operated a swimming pool from June 1, 2008 to May 31, 201 to set the deposit amount of KRW 450 million for the fifth floor of the instant building, and from June 1, 2008 to May 31, 2013 for the rent and management expenses (hereinafter “the instant second lease agreement”). The Plaintiff operated the swimming pool from June 1, 2008 to the fifth floor of the instant building.
B. 1) C on August 4, 2006, K non-real estate trust company (hereinafter “K non-real estate trust”)
2) As to the instant building, the real estate security trust agreement with the first beneficiary as to the instant building (hereinafter “instant real estate security trust agreement”).
(1) Article 2 (Trust Period) (1) of the instant real estate security trust agreement shall be as follows, and Article 2 (Trust Period) (1) of the instant real estate security trust agreement shall be as follows, and Article 10 (1) of the Act shall be extended prior to the expiration of the trust period in consultation with the K non-real estate trust. < Amended by Act No. 1069, Mar. 1, 2007> The lease agreement entered into by C before the instant real estate security trust agreement was entered into on the instant building, such as lease, is as Appendix 5, and the lessee’s right to return the lease deposit under the said lease agreement shall take precedence over the preferential beneficiary’s right to benefit.
(2) Paragraph (1).