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(영문) 서울남부지방법원 2017.04.27 2015가단220041

손해배상(기)

Text

1. Defendant D, E, and F jointly with Nonparty G and H Co., Ltd., and Defendant D, E, and H, each of which is KRW 16,66,00 for Plaintiff A, and three.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings as a whole in the entries in Gap evidence Nos. 1, 2, 5-1, 2, 6-1 to 33, 10-1, 2, and 3, and 10-1, 2, and 3.

On July 9, 2010, G Co., Ltd. (hereinafter referred to as “G”) filed a registration of preservation of ownership in the name of the mortgagee J, the maximum debt amount, KRW 300 million with respect to the instant house as of July 16, 2010, with respect to the multi-unit house of 1 reinforced concrete structure, and other multi-unit houses of 234.34 square meters (hereinafter referred to as the “instant house”). The registration of creation of a mortgage was completed in the name of the mortgagee J, the maximum debt amount, KRW 30 million with respect to the instant house as of July 16, 201, with respect to the establishment of a mortgage, the mortgagee L, the maximum debt amount, KRW 30 million with the debtor K, the registration of establishment of a mortgage, the mortgagee M, the maximum debt amount, KRW 230 million with the debtor K, and the debtor K

(hereinafter collectively referred to as “instant collateral security”)

B. On November 16, 2012, K (the assumption of office, July 17, 2010), the representative director of G, entered into a lease agreement with the Plaintiff on the deposit deposit of 117.17 square meters in the instant housing between the Plaintiff and the Plaintiff, with the term of November 26, 2014. On the same day, the Plaintiff entered into a lease agreement with the Plaintiff with the term of November 26, 2014 regarding the deposit of 117.17 square meters in the instant housing between the Plaintiff B and the term of lease. On the same day, the lease agreement was concluded between the Plaintiff B and the Plaintiff for the deposit of 117.17 square meters in the instant housing.

(hereinafter referred to as “instant lease agreement”) C.

On November 16, 2012, the Plaintiffs paid 3 million won each as down payment, and thereafter occupied the instant house on December 15, 2012 of the same year. On March 26, 2013, the Plaintiffs paid 140 million won in total to K.

Since then, on March 26, 2013 upon the creditor L’s application, there was a voluntary decision to commence the auction of the instant housing as Nan branch of Suwon District Court on March 26, 2013, but was revoked on December 12 of the same year, and again, on the creditor M’s application, the Suwon District Court was supported on February 26, 2014.