전세보증금반환
1. Defendant C’s KRW 90,000,000 to Plaintiff B, and 5% per annum from April 20, 2014 to October 27, 2016, respectively.
1. Facts of recognition;
A. On July 2, 2012, Plaintiff B entered into a lease agreement with Defendant C, with regard to KRW 90,000,000,000 as to the lease deposit, and between July 20, 2012 and July 20, 2014, with regard to KRW 90,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
B. On December 24, 2012, the instant court accepted an application for voluntary auction filed by the mortgagee F with respect to the instant real estate on December 24, 2012, and rendered a decision to commence voluntary auction. On August 21, 2013, the instant real estate was awarded to G on March 6, 2014, by accepting an application for voluntary auction filed by the same Ducheon Agricultural Cooperative. (2) The instant real estate was awarded a successful bid to G on March 6, 2014, and the Plaintiffs removed from the instant real estate on April 19, 2014.
C. Defendant C, at the time of the conclusion of the instant lease agreement, failed to borrow money from the bond company at the time of the conclusion of the instant lease agreement, and did not have the intent or ability to cancel the right to lease on a deposit basis and the right to collateral security, which was established on the instant real estate, even if there was no particular property, and even if the Plaintiff received the deposit money from the Plaintiff, it would not have any intent or ability to repay the said loan money and cancel the said right to collateral security. Although the Plaintiff had already been placed in the situation where the auction of the instant real estate was commenced since August 2, 2012 due to the failure to pay interest from August 2, 2012 to the Nonghyup, the creditor of the instant real estate, the Plaintiff, on July 2, 2012, “I would be able to enable the Plaintiff to reside safely by cancelling the right to collateral on a deposit basis already established and cancelling the right to collateral security.”